(“PetCloud”, “we”, “our”, or “us”)
Any participation in this site or services will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this site.
Questions and Comments
We are here to cherish our pets and give a better life to other pets. We are extremely passionate about that and it is something very personal to all of us here at PetCloud. So if there is something that you find that we could do better, let us know. Any questions, comments, and any other feedback about this policy should be directed to firstname.lastname@example.org.
Changes to this Policy
From time to time we may update our Terms and Conditions. When we do, the new version is immediately effective as of the last updated date listed above. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
When we revise this policy we will give notice to you by updating this page. We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may freely transfer or assign this Agreement or any of its obligations hereunder. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
I. Basic Terms
You agree that:
- You must be 18 years or older to use this site.
- You are responsible for keeping your password secure.
- You are responsible for ANY activity that occurs under your screen name.
- You are solely responsible for your conduct, anything you say and do during Zoom meetings, in-person meetings, phone calls, text messages, social media interactions, and events hosted on other platforms (“Sessions”), and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the PetCloud service.
You must not:
- Abuse, harass, threaten, impersonate or intimidate other PetCloud users.
- Give advice to any other PetCloud visitor, member, counselor, host (“Member”) regardless of any personal licenses, degrees, certifications, or any other qualifications you have that would normally permit you to do so without the express consent of PetCloud.
- Record, write, distribute, or disseminate any personal information, pictures, stories, names, dates, pictures (“Private Content”) shared by another Member or Counselor in any Session.
- Collect or access Private Content or information, or otherwise access PetCloud Private Content using automated means (such as harvesting bots, robots, spiders, or scrapers) or by any other means.
- Solicit login information or access an account belonging to someone else.
- Display, say, publish, or otherwise disseminate (collectively “Post”) text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) of any kind containing
- blatant expressions of bigotry, racism, or ethnically offensive content, hate speech, abusiveness, vulgarity, or profanity,
- nude, partially nude, or sexually suggestive Content, or Content that is otherwise obscene or lewd,
- any Content that you do not legally have the rights or license to use or post,
- or Content that goes against the advice or suggestions of PetCloud.
- Post unauthorized commercial communications (such as spam) on PetCloud.
- Use the PetCloud service for any illegal or unauthorized purpose, or to violate any laws in your jurisdiction (including, but not limited to, copyright laws). International users agree to comply with all local laws regarding online conduct and acceptable content.
- Modify, adapt or hack PetCloud or modify another website so as to falsely imply that it is associated with PetCloud, or use our web URLs in your name without prior written consent from PetCloud.
- Do anything that could disable, overburden, or impair the proper working or appearance of PetCloud, such as a denial of service attack or interference with PetCloud functionality nor facilitate or encourage any violations of this Statement or our policies.
Violation of any of these agreements will result in the termination of your PetCloud account. While PetCloud prohibits such conduct and content on its site, you understand and agree that PetCloud cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PetCloud service at your own risk.
II. General Terms
We expressly reserve the right to:
- Modify or terminate the PetCloud service for any reason, without notice, at any time.
- Refuse service to anyone for any reason at any time.
- Force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- Reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
We may (but have no obligation to):
- Use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Proprietary Rights in Content on PetCloud
You agree and acknowledge that:
- PetCloud does NOT claim ANY ownership rights in the Content that you post on or through the PetCloud Services. By Posting any Content on or through the PetCloud Services, you hereby grant to PetCloud a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the PetCloud Services.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of PetCloud, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- Some of the PetCloud Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PetCloud may place such advertising and promotions on the PetCloud Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (a) you own the Content posted by you on or through the PetCloud Services or otherwise have the right to grant the license set forth in this section, (b) the posting and use of your Content on or through the PetCloud Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (c) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the PetCloud Services.
- The PetCloud Services contain the Content of PetCloud (“PetCloud Content”). PetCloud Content is protected by copyright, trademark, patent, trade secret and other laws, and PetCloud owns and retains all rights in the PetCloud Content and the PetCloud Services. PetCloud hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the PetCloud Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PetCloud Services.
- The PetCloud Services contain Content of Users and other PetCloud licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PetCloud Services.
- PetCloud performs technical functions necessary to offer the PetCloud Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PetCloud Services.
PetCloud reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PetCloud in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PetCloud encourages you to maintain your own backup of your Content. PetCloud will not be liable to you for any modification, suspension, or discontinuation of the PetCloud Services, or the loss of any Content.
PetCloud Counselors providing Services on the Platform are specifically trained in GRIEF by such reputable institutions, including but not limited to, the Grief Recovery Institute® (https://www.griefrecoverymethod.com), the Association of Pet Loss and Bereavement (www.aplb.org), the Association for Veterinary Pastoral Education (https://www.petchaplain.com).
Although our Counselors are well trained in talking and supporting adults in the grief, WE ARE NOT ACCREDITED, NOT LICENSED PSYCHOLOGISTS (PhD / PsyD), NOT LICENSED MARRIAGE OR FAMILY THERAPISTS (LMFT), NOT LICENSED CLINICAL SOCIAL WORKERS (LCSW), NOT LICENSED PROFESSIONAL COUNSELORS (LPC), OR OTHERWISE APPLICABLE RECOGNIZED PROFESSIONAL CERTIFICATIONS IN THE MENTAL HEALTH FIELD.
While we hope the Counselor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
All Site Content (including User Content) is presented for informational and educational purposes only. The Site Content is not intended to be a substitute for professional medical, psychological, or other advice, diagnosis, or treatment. Always seek the advice of a professional with any questions you may have regarding any medical, psychological, or other condition. If you think you may have a medical emergency, call your physician or 911 immediately. PetCloud does not recommend or endorse any specific opinions, information or activities that may be mentioned on our Site and you rely on them solely at your own risk.
This website and our blogs, articles, and any comments are for informational and educational purposes only. This information provided is accurate to the best of our knowledge and although this information is heavily researched and based on many peer-reviewed journals, articles, books, case-studies, and other licensed therapists and counselors, IT IS NOT PROVIDED BY A LICENSED THERAPIST. It is not meant to diagnose or treat either medical or behavioral health conditions. It should not be relied upon for decision-making in any specific case.
There is no substitute for consultation with a qualified mental health specialist/counselor who could best evaluate and advise based on a careful evaluation.
Non Mandatory Reporting
PetCloud and their affiliates are NOT mandated reporters. As such, we cannot and will not report any obvious, non-obvious, or potential issues involving (1) child abuse and neglect, (2) elder abuse and neglect, (3) abuse and neglect of mentally or physically disabled individuals, (4) suicide threats, ideation, or thoughts, or (5) threats to the well-being of others.
Although we will not report any of these cases to authorities, parents, friends, or other family members, we heavily encourage individuals in these risk categories to proactively seek out help for themselves and we may in some cases, and at our sole discretion, assist in their efforts to obtain help and additional information for themselves or others.
While PetCloud expressly prohibits such conduct mentioned above on its site and affiliate sites, and we do everything in our power to control what is said and done on our Platform, WE CANNOT BE HELD RESPONSIBLE FOR THE ACTIONS OF OTHER USERS ON THE PLATFORM. Each Member is solely responsible for their actions.
You understand and agree that you may be exposed to Content that violates our Terms and Conditions, Content that is insulting, dismissive, discriminatory, or objectionable and that you use the PetCloud service at your own risk.
PetCloud will not be responsible for any medical issues any user may sustain while using any of the PetCloud services, including but not limited to seizures, heart attacks, stress, anxiety, depression, suicidal ideation, medication mismanagement, etc.
Any information on this site is designed for educational purposes only and is not meant to diagnose or treatment either medical or behavioral health conditions. The information in the provider listings is accurate to the best of our knowledge and may have been updated by the individual professional. We urge potential clients of behavioral health services to always verify the credentials of individuals offering behavioral health services by contacting the state licensing authority.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS AND IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT. ANY ADVICE OR SUGGESTIONS YOU RECEIVE WHILE ON THE PLATFORM SHOULD BE DISREGARDED IF IT IS IN CONTRARY TO THE ADVICE OR SUGGESTIONS OF A LICENCED THERAPIST OR COUNSELOR.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
IV. Third Party
PetCloud is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Platform, are those of the respective author(s) or distributor(s) and not of PetCloud. Neither PetCloud nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through PetCloud represents the opinions and judgments of the respective user or information provider not under contract with PetCloud. PetCloud neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PetCloud by any third party. Under no circumstances will PetCloud be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Platform. PetCloud is not responsible for any actions or inaction on your part based on the information that is presented on the Platform. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platform. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
PetCloud may run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than PetCloud, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. PetCloud is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on PetCloud.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara County in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with any applicable local laws. You irrevocably agree: (A) to bring any claim or dispute relating to your use of our Site, Site Content, and services and these Terms exclusively in the state and federal courts located in the State of California and County of Santa Clara; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. YOU AND PETCLOUD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SITE, SITE CONTENT (INCLUDING USER CONTENT), AND SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, the CAUSE OF ACTION IS PERMANENTLY BARRED. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms create no joint venture, agency, partnership or similar relationship with PetCLoud. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.” These Terms may not be interpreted or construed to confer any rights or remedies on any third parties.
The parties to this agreement will submit all disputes arising under this agreement (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and arbitration in San Francisco, California before a single arbitrator of the American Arbitration Association (“AAA”), or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the state of California. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The Arbitrator’s award shall be final.
VII. Force Majeure
We are not liable for any failure to perform resulting from causes beyond our reasonable control, including disruptions of Internet service and other connectivity and software issues.
Although the Site and other PetCloud Services are normally available, there will be occasions when the Site or other PetCloud Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PetCloud.
VIII. Attorney Fees Provision
In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall NOT be entitled to recover from the losing party ANY fees, including without limitation, such reasonable fees such as costs, expenses, and appeals of enforcing any right of such prevailing party under or with respect to this Agreement.
IX. Disclaimer and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.