How I Met My Dog, Inc. Terms of Use Agreement

Last revised April 25, 2016

Table of Contents

  1. General Terms and Conditions
  2. Shelter Terms
  3. Rehomer Terms
  4. Adopter Terms

General Terms and Conditions

How I Met My Dog, Inc. (“HIMMD” or the “Company”) operates an online service (the “Service”) to match dogs made available by animal shelters and rescue organizations (“Shelters”), or by individual dog owners seeking new homes for their pets (“Rehomers”), with individuals or families interested in adopting dogs (“Adopters”). The Service may include one or more HIMMD-branded websites (collectively, the “Site”), messaging and audiovisual communication services, mobile websites or applications, other content of interest to Site visitors, official Company pages or profiles on other services (e.g., the HIMMD Facebook page), and any other features, content, or applications offered from time to time by the Company in connection with its business. The Service is hosted in the United States.

Please review this Agreement carefully, including the Arbitration provision in Section 16, which describes how disputes will be resolved between us, and that no class actions may be brought under this Agreement.

This Terms of Use Agreement, as may be modified from time to time (the “Agreement”), sets forth the legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site or interact with the Service without being registered) or you are a “Registered User” (which means that you have registered with the Service or become a member of any kind). The term “User” refers to any Visitor or Registered User. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”), and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement, and are unwilling to follow all Applicable Law, you should leave the Site and discontinue use of the Service immediately. If you wish to become a Registered User, communicate with other Users or make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.

Registered Users may be individuals (including Adopters or Rehomers) or organizations such as Shelters. If you interact with the Service in the course of your employment or volunteer service for a Shelter, you represent and warrant that you have the necessary power and authority to act on behalf of the Shelter and undertake to cause it to comply with this Agreement. In such cases, “you” refers to the Shelter as well as the individual acting on its behalf.

This Agreement includes our policy for acceptable use of the Service and Content (as defined in Section 7 below) posted, transmitted or streamed (collectively, “posted”) on or through the Service and your rights, obligations and restrictions regarding your use of the Service and Content posted on or through the Service. In order to participate in certain services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from the Company. Unless otherwise provided by the additional terms and conditions applicable to the Service in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at support@howimetmydog.com, Subject: Terms of Use Agreement.

We may modify this Agreement from time to time and such modification shall be effective upon posting by the Company on the Site. All material modifications will apply prospectively only. Your continued use of the Service after the Company posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the Service and that you provide to other Users. Any post or profile you create may not include any form of Prohibited Content, as outlined in Section 9 below. Despite this prohibition, information, materials, products or services provided by other Users (for instance, in pet or member profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and the Company assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please notify us by sending an e-mail to support@howimetmydog.com.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Company expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Service if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Company and/or its Users.

  1. Eligibility. Use of the Service and registration to be a Registered User (“Membership”) is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the Service does not violate any Applicable Law; and (e) you have never been convicted of any crime, or sanctioned by any governmental body, for violations (i) related to animal welfare in any way or (ii) resulting in any prohibition from using the Internet or social computing services.
  2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Service or are a Registered User. You may terminate your Membership at any time, for any reason, by following the instructions on the Site or e-mailing support@howimetmydog.com. The Company may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, the Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails, instant messages and live or cached audiovisual streams (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Company expressly reserves the right to remove your profile(s) and/or deny, restrict, suspend, or terminate your access to all or any part of the Service if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Company, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including Sections 6-18.
  3. Fees. You acknowledge that the Company reserves the right to charge for any Service or portion of the Service and to change its fees (if any) from time to time in its discretion. If the Company terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
  4. Password. When you sign up as a Registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, password or other identifiers of another User at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Use by Registered Users. The Service is intended solely for personal, non-commercial use by Registered Users for bona fide purposes of adopting or placing animal companions. Illegal or unauthorized use of the Service for any other purpose is prohibited, including, without limitation, (a) harvesting, “scraping” or bulk collection of usernames, user ID numbers, email addresses or other identifying information of other Users or other Site content of any kind; or (b) unauthorized access, extraction, copying or reverse engineering of proprietary data or technology from the Site or Service. Prohibited Content (as defined below) may be removed from profiles without notice or explanation and may result in termination of Registered User privileges or registration. The Company reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
  6. Role and Relationship. The Service facilitates matching of Adopters with dogs that are available for adoption from Shelters and Rehomers. HIMMD is NOT, and will NOT be, a party to any transaction between any Shelter and any Adopter or a Rehomer and any Adopter, even though we provide tools that may enable such transactions to occur. As a result, we do not warrant or guarantee any part of any actual or potential transaction between any Users of the Service, including the health of any animal, the fitness of any pet for a particular home or family circumstance, the legality of any adoption or the truth or accuracy of any information provided by any User.

    Our proprietary pet matching algorithm is intended to provide directional guidance regarding likely pet and Adopter compatibility based on reported characteristics. Given the inherent uncertainties in human and animal behavior and relationships, it is in no way a guarantee that any particular pet will be compatible with any Adopter. We are not liable for interactions by and between Users or third parties with whom Users may become aware (or their respective pets) as a result of their use of the Service. We specifically disclaim all liability relating to any use of the Service or any transactions entered by Users of this Site, including, but not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with pet listings.

    If any dispute arises between or among Users, each User hereby releases the Company, its officers, employees, owners, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

    Shelters and Rehomers are wholly responsible for fulfilling obligations both implied and stated in any pet listing they create. We reserve the right to cancel a pet listing at any time for any reason and to report suspicious listings to appropriate law enforcement agencies.

    Users should note that HIMMD is not responsible for the accuracy of pet listings. Pet listings are provided by Shelters and Rehomers. HIMMD makes reasonable effort to correct any listings that we learn to be inaccurate or outdated, but responsibility for the listings rests with the User providing the information.

  7. Proprietary Rights in Content on HIMMD.
    1. We do not claim any ownership rights in the text, files, images, photos, video, sounds, streams, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Service. After posting your Content to the Service, you continue to retain any such rights that you may have in your Content, subject to the license herein. By posting any Content, you hereby grant to the Company a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in perpetuity on or through the Service, or by distributing part or all of the Service in any media formats and through any media channels.
    2. The license you grant to the Company is non-exclusive (meaning you are free to license your Content to anyone else in addition to the Company), fully-paid and royalty-free (meaning that the Company is not required to pay you for the use on the Service of the Content that you post), sublicensable (so that we are able to use affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Service), and worldwide (because the Internet and the Service are global in reach).
    3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this Section 7, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, Terms of Service, publicity rights, copyrights, contract rights or any other rights of any person or entity. In the instance of a Terms of Service violation, you agree to relinquish all rights to any Content you have posted; the Company then becomes the sole owner of your Content. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Service.
    4. You give permission irrevocably and in perpetuity to the Company to use, adapt, reproduce, distribute, and display the likeness and biographical data (to the extent known) of any animal placed or adopted through the Service in connection with its promotional or marketing activities.
    5. The Service contain Content of the Company, its affiliates, subsidiaries or licensors (collectively,“HIMMD Content”). HIMMD Content is protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the HIMMD Content and Service. The Company hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HIMMD Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Service. You agree not to remove, obscure or otherwise alter any proprietary notices appearing on any HIMMD Content, including copyright, trademark and other intellectual property notices.
    6. The Service contains Content of Registered Users and other HIMMD 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 Service.
    7. We perform technical functions necessary to offer the Service, including but not limited to transcoding and/or reformatting video, photos and other Content to allow its use throughout the Service.
    8. The Company reserves the right to monitor, screen or review Content of any User in connection with any reported, actual or alleged violation of this Agreement or Applicable Law.
  8. Content Posted. We may reject, refuse to post or delete any Content for any or no reason, including Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person, animal or entity. The Company assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time the Company chooses, in its sole discretion, to monitor any Service, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through the Service, for your interactions with other Users, and for any material or information that you transmit to them.
  9. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. The Company reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including, without limitation, removing the offending Content from the Service and terminating the account of such violators. Prohibited Content includes, but is not limited to, Content that, in our sole discretion:
    • portrays any false identity, including impersonation or attempting to impersonate another User, person or entity;
    • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual person or animal;
    • harasses or advocates harassment of another person;
    • exploits people or animals in a sexual or violent manner;
    • involves sales, solicitation, or other commercial activity, including the sale or purchase of animals;
    • includes non-consensual exhibitionism or nudity of any kind;
    • publicly posts information that poses or creates a privacy or security risk to any person;
    • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    • includes a photograph or video of another person that you have posted without that person’s consent; or
    • violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
  10. Protecting Copyrights and Other Intellectual Property. We respect the intellectual property of others and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is the Company’s policy to terminate the Membership of repeat infringers.
If you believe your work has been copied and posted on or through the Service in a way that constitutes copyright infringement, please send the HIMMD Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. The Company’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, How I Met My Dog, Inc., 116 East 68th Street, New York, New York 10065, Attn: Copyright Agent. Our Copyright Agent for notification of claimed infringement can also be reached electronically by e-mailing copyright@howimetmydog.com.
  11. Member Disputes. You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
  12. Privacy Policy and Additional Terms. Use of the Service is also governed by (a) our Privacy Policy and (b) Additional Terms for each of Shelters, Rehomers and Adopters, as applicable (see below), each of which is incorporated into this Agreement by this reference.
  13. Disclaimers. HIMMD is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Service. Inclusion of any linked website or service in the Service does not imply approval or endorsement of the linked website or service by the Company. When you access these third party sites and services, you do so at your own risk. HIMMD takes no responsibility for third party advertisements or third party applications that are posted on or through the Service, nor does it take any responsibility for the goods or services provided by advertisers. HIMMD is not responsible for the conduct, whether online or offline, of any User of the Service. HIMMD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. HIMMD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any messages due to technical problems or traffic congestion on the Internet or mobile data networks, on any part of the Service, or any combination thereof, including, without limitation, any injury or damage to Users or to any person’s computer or mobile device related to or resulting from participation or downloading materials in connection with any Service. Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Service, from any User Content posted on or through the Service, or from the conduct of any Users, whether online or offline. The Service are provided “AS-IS” and as available and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Service.
  14. Limitation on Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (a) THE AMOUNT, IF ANY, BY YOU TO THE COMPANY FOR SERVICES DURING THE TERM OF PAID MEMBERSHIP, OR (b) ONE HUNDRED DOLLARS ($100).
  15. U.S. Export Controls. Software available in connection with the Service (the “Software”) is further subject to United States export controls. No Software may be downloaded from any Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  16. Disputes.

    1. Arbitration of Disputes. You and the Company agree that any disputes arising out of or related to the Service, this Agreement and/or any policies or practices of the Company will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate disputes are claims of infringement or misappropriation of the Company’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which we may elect to have resolved by means other than arbitration. YOU AND THE COMPANY AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
    2. No Class Actions. YOU AND THE COMPANY ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor the Company agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
    3. Arbitration Procedure. If the parties are unable to resolve a dispute by informal means, the arbitration of disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with the Company, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. You can find further details about the arbitration procedure by clicking here.
    4. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
    5. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any dispute must be filed within one (1) year after the date in which the incident giving rise to the dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any dispute.
  17. Indemnity. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement, breach of this Agreement or any breach of your representations and warranties set forth in this Agreement, or any Content that you post on or through the Service.
  18. Other. This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Registered User. This Agreement constitutes the entire agreement between you and us regarding the use of the Service. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to its conflict of law provisions.

Please contact us at support@howimetmydog.com with any questions regarding this Agreement.

Shelter Terms

Each Shelter Member agrees, represents and warrants as follows:

  1. HIMMD is a facilitator of the adoption process by providing necessary tools to make the adoption process easier and help it to run more smoothly, but has no decision-making authority with respect to the adoption process. Each Shelter Member is solely responsible for arranging meetings, communication with, and approving or rejecting Adopters.
  2. All information provided by the Shelter Member is truthful and up to date to the best of its knowledge. The Shelter Member is solely responsible for accuracy of all information provided and the Shelter Member will indemnify, defend and hold harmless the Company, its officers, directors, employees, and agents (collectively, “HIMMD Parties”), from and against all claims arising out of the inaccuracy or alleged inaccuracy of any information provided by the Shelter Member.
  3. The Shelter Member will make reasonable efforts to (a) keep its listings on the Service up to date, including timely removal of listings that are no longer available, and (b) respond promptly to applications and inquiries from prospective Adopters.
  4. HIMMD is retained solely as an adoption facilitator and not as an attorney, veterinarian, animal behaviorist, or other professional service advisor. The Shelter Member acknowledges that HIMMD and their agents owe no duty to independently verify the accuracy or completeness of any statement made by any source using HIMMD services.
  5. Any animal that the Shelter Member lists on this Site is current on its rabies vaccines in accordance with applicable law and Shelter Member will deliver a current copy of the animal’s rabies’ certificate to the Adopter at the time of adoption or prior to adoption upon request.
  6. Any animal that the Shelter Member lists on the Service has not been found to be "dangerous" or "vicious" by any court of law or government agency. The Shelter Member also agrees that each animal it lists on HIMMD does not pose an imminent threat of serious aggression towards people or other animals nor has the animal shown any behaviors that could be defined as "dangerous" or "vicious." Specifically, no dog listed by the Shelter Member has been determined to be a “Bad Dog” or like determination under applicable law. If such behavior or record is known, it must be disclosed to HIMMD and to potential adoptive homes.
  7. Each animal the Shelter Member lists on the Service is free of any known illnesses other than any conditions that the Shelter Member has disclosed via the Service. The Shelter Member agrees to turn over relevant animal health records in its possession (including documentation of spaying or neutering, if applicable) to the Adopter at the time of adoption.
  8. In the event of a dispute between the Shelter Member and any Adopter, the Shelter Member releases the HIMMD Parties from all claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
  9. Shelter Members may be removed from HIMMD at our sole discretion. Grounds for removal may include, but are not limited to, conviction for animal cruelty, neglect or any animal-related crimes; pending legal action involving the seizure of pets or other serious animal-related crimes; or convictions for other crimes that include a prohibition on posting on family sites or the Internet.

Rehomer Terms

Each Rehomer agrees, represents and warrants as follows:

  1. He or she is at least 18 years of age or legal age in the User’s state of residence.
  2. HIMMD is a facilitator of the adoption process by providing necessary tools to make the adoption process easier and help it to run more smoothly. HIMMD has no decision-making authority with respect to the adoption process. Rehomers are solely responsible for arranging meetings, communication with, and approving or rejecting Adopters.
  3. All information provided by the Rehomer is truthful and up to date to the best of his/her knowledge. The Rehomer is solely responsible for accuracy of all information provided and Rehomer will indemnify, defend and hold harmless the HIMMD Parties from and against all claims arising out of the inaccuracy or alleged inaccuracy of any information provided by the Rehomer.
  4. HIMMD is retained solely as an adoption facilitator and not as an attorney, veterinarian, animal behaviorist, or other professional service advisor. Rehomer acknowledges that HIMMD and its agents owe no duty to independently verify the accuracy or completeness of any statement made by any source using HIMMD services.
  5. The Rehomer owns and has the legal right to place the listed animal(s) with Adopters.
  6. Any animal that the Rehomer lists on the Service has not been found to be "dangerous" or "vicious" by any court of law or government agency. Rehomer also agrees that each animal he or she lists on HIMMD does not pose an imminent threat of serious aggression towards people or other animals nor has the animal shown any behaviors that could be defined as "dangerous" or "vicious." Specifically, no dog listed by the Rehomer has been determined to be a “Bad Dog” or like determination under applicable law. If such behavior or record is known, it must be disclosed to HIMMD and to potential adoptive homes.
  7. Any animal that Rehomer lists on the Service is current on its rabies vaccines in accordance with applicable law and the Rehomer will deliver a current copy of the animal’s rabies’ certificate to the Adopter at the time of adoption or prior to adoption upon request.
  8. Any animal Rehomer lists on HIMMD (1) is free of any known illnesses other than any conditions that the Rehomer has disclosed via the Service and (2) must be spayed or neutered (or contracted to be spayed or neutered) prior to adoption unless otherwise disclosed in writing to HIMMD and the Adopter. The Rehomer agrees to present to HIMMD and Adopters proof of these claims and turn over documentation to the Adopter at the time of adoption.
  9. In the event of a dispute between Rehomer and any Adopter, the Rehomer releases the HIMMD Parties from all claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
  10. Rehomer is solely responsible for complying with applicable law in connection with the delivery of an animal to an Adopter.

Adopter Terms

Each Adopter agrees, represents and warrants as follows:

  1. Adopter is at least 18 years of age or legal age in his or her state of residence.
  2. HIMMD is a facilitator of the adoption process by providing necessary tools to make the adoption process easier and help it to run more smoothly. HIMMD has no decision-making authority with respect to the adoption process. Adopter is not guaranteed that any application for adoption will be accepted by any Shelter or Rehomer.
  3. All information provided by Adopter is truthful and up to date to the best of his/her knowledge. Adopter is solely responsible for accuracy of all information provided and Adopter will indemnify, defend and hold harmless the HIMMD Parties from and against all claims arising out of the inaccuracy or alleged inaccuracy of any information provided by Adopter.
  4. HIMMD is retained solely as an adoption facilitator and not as an attorney, veterinarian, animal behaviorist, or other professional service advisor. Adopter acknowledges that HIMMD and their agents owe no duty to independently verify the accuracy or completeness of any statement made by any source using HIMMD services.
  5. Adopter is using the Service solely for the bona fide purpose of adopting a pet companion, not for any other purpose such as sale or breeding of animals.
  6. Adopter adopts any pets at Adopter’s own risk.
  7. In the event of a dispute between Adopter and any Rehomer or Shelter, Adopter releases the HIMMD Parties from all claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
  8. Adopter is solely responsible for complying with applicable law in connection with the receipt of an animal by Adopter.

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