Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Menagerie (“Menagerie,” “Company,” “we,” “us,” or “our”) governing your access to and use of the Menagerie website, marketplace, applications, forums, community features, messaging systems, and related services (collectively, the “Platform”).

By accessing, browsing, registering for, or using the Platform in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Platform.

Menagerie operates exclusively as a passive online marketplace and communications platform that enables independent third parties to post listings, communicate, and conduct transactions.

Menagerie:

• DOES NOT own, breed, acquire, warehouse, board, transport, import, export, broker, or ship animals or products;
• DOES NOT take title to any listed animal or product;
• DOES NOT act as a seller, dealer, consignor, agent, bailee, distributor, or carrier;
• DOES NOT participate in the physical transfer or possession of animals;
• DOES NOT direct, supervise, or control sellers, buyers, breeders, shippers, handlers, or carriers;
• DOES NOT independently verify user identity, permits, licenses, husbandry practices, shipment legality, or regulatory compliance except where expressly stated;
• DOES NOT guarantee the legality, quality, safety, health, genetics, temperament, merchantability, fitness, authenticity, survivability, or condition of any listing;
• DOES NOT guarantee compliance with any law, regulation, permit requirement, or carrier policy.

Users acknowledge and agree that Menagerie is not a party to contracts between buyers and sellers except to the limited extent required to provide marketplace functionality and payment facilitation services.

To the maximum extent permitted by law, Menagerie disclaims responsibility for: user conduct; shipment outcomes; animal injury, illness, escape, or death; property damage; personal injury; unlawful possession or transport; permit failures; regulatory enforcement actions; user misrepresentations; fraud; payment disputes; veterinary issues; breeding outcomes; husbandry advice; interstate commerce compliance.

Users expressly acknowledge that all risk associated with transactions, possession, shipment, ownership, care, breeding, and transport rests solely with the participating users.

By using the Platform, you represent and warrant that:

• You are at least eighteen (18) years of age;
• You possess the legal capacity to enter into binding agreements;
• Your use of the Platform does not violate any applicable law;
• All information provided by you is accurate, current, and complete.

Menagerie reserves the right to suspend or terminate accounts that violate this Section.

Users are solely responsible for ensuring compliance with all applicable federal, state, local, tribal, and international laws, regulations, ordinances, permit requirements, and carrier policies. This includes, without limitation: The Lacey Act; United States Fish and Wildlife Service regulations; USDA and APHIS regulations; State wildlife and invasive species laws; Aquaculture regulations; Shipping and carrier restrictions; Animal welfare laws; Import/export requirements; Permit and licensing requirements.

Menagerie does not represent or warrant that any listing, shipment, possession, sale, or transaction is lawful in any jurisdiction. Users bear sole responsibility for determining legality before listing, purchasing, shipping, possessing, transporting, importing, exporting, or receiving any animal or product.

Users may not use the Platform to:

• offer or sell prohibited species;
• offer or sell venomous or medically significant animals where prohibited by Platform policy;
• offer or sell endangered or protected wildlife in violation of law;
• offer or sell unlawfully obtained animals;
• offer or sell invasive species where prohibited;
• engage in fraud, deception, or misrepresentation;
• manipulate auctions or bids;
• circumvent fees or Platform safeguards;
• harass, threaten, or abuse other users;
• upload malicious code or harmful content;
• violate intellectual property rights;
• use automated scraping or unauthorized bots;
• encourage unlawful conduct; or
• post misleading or false husbandry information intended to cause harm.

Menagerie reserves the right to remove content, suspend accounts, block transactions, and cooperate with law enforcement at its sole discretion.

Sellers are solely responsible for:

• lawful ownership and possession of listed animals or products;
• obtaining required permits or licenses;
• accurate and non-misleading listings;
• humane treatment and lawful care of animals;
• compliance with all shipment and carrier requirements;
• compliance with destination restrictions and applicable law;
• accurate disclosure of health, genetics, lineage, husbandry, and shipping terms; and
• compliance with Platform policies.

Sellers expressly acknowledge that Menagerie does not independently verify the legality or compliance of seller listings.

Buyers are solely responsible for:

• confirming legality of ownership in their jurisdiction;
• reviewing seller policies and disclosures;
• understanding care requirements and husbandry needs;
• determining whether lawful shipment is permitted;
• evaluating the risks associated with live animal transport; and
• complying with all permit and licensing obligations.

Buyers acknowledge that live animals require specialized care and may involve risks associated with transportation, acclimation, health, and environmental conditions.

Live animal shipment involves inherent risk. Users acknowledge that weather conditions, carrier delays, handling practices, species sensitivity, environmental conditions, and legal restrictions may affect shipment outcomes.

Menagerie shall not be responsible or liable for: shipment delays; carrier negligence; weather-related issues; confiscations or regulatory actions; DOA claims; shipment losses; permit failures; interstate transport restrictions; or customs or regulatory actions.

Users are solely responsible for lawful shipment and receipt.

Menagerie may facilitate payment processing through third-party providers. Users acknowledge that:

• Menagerie is not a bank or financial institution;
• payment processing services may be governed by separate third-party agreements;
• Menagerie may delay, suspend, or cancel transactions suspected of fraud or policy violations; and
• Platform fees may change upon reasonable notice.

Menagerie reserves the right to impose listing fees, transaction fees, subscription fees, promotional fees, and other charges.

Users retain ownership of content submitted to the Platform. By submitting content, users grant Menagerie a perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, modify for formatting, distribute, promote, and use content in connection with operation and marketing of the Platform.

Users represent and warrant that they possess all necessary rights to content submitted.

Community content, including forum posts and user discussions, is generated by independent users. Menagerie does not guarantee the accuracy, legality, completeness, or safety of user-generated content.

Community content does not constitute:

• veterinary advice;
• medical advice;
• legal advice;
• husbandry certification; or
• professional consultation.

Users should consult qualified professionals where appropriate.

Menagerie reserves the right, but not the obligation, to: remove content; remove listings; suspend or terminate accounts; restrict access; request supporting documentation; investigate suspicious activity; and cooperate with law enforcement or regulators. Moderation decisions may be made at Menagerie's sole discretion.

Menagerie may suspend or terminate any account or access to the Platform at any time for any reason, including suspected: fraud; illegal conduct; policy violations; abuse of the Platform; unsafe or unethical animal practices; or repeated disputes or complaints.

Termination does not waive any rights or remedies available to Menagerie.

The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, Menagerie disclaims all warranties, express or implied, including: merchantability; fitness for a particular purpose; non-infringement; legal compliance; accuracy; reliability; availability; and security. Menagerie does not warrant that the Platform will be error-free, uninterrupted, or secure.

To the maximum extent permitted by applicable law, Menagerie, its affiliates, owners, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns shall not be liable for any: indirect, incidental, consequential, exemplary, special, punitive, or multiple damages; loss of profits, revenue, business, goodwill, or data; regulatory penalties; shipping failures; veterinary costs; property damage; personal injury; animal injury, escape, illness, or death; disease transmission; quarantine actions; import or export issues; user disputes; fraud; unauthorized account access; platform interruptions; payment processor actions; or regulatory or enforcement actions.

In no event shall Menagerie's aggregate liability exceed the greater of: (a) the total fees actually paid by the User to Menagerie during the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred U.S. dollars (US $100.00).

Users agree to defend, indemnify, and hold harmless Menagerie and its affiliates, owners, officers, directors, employees, contractors, licensors, service providers, successors, assigns, and agents from and against any and all claims, actions, demands, proceedings, investigations, liabilities, damages, judgments, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees and expert costs, arising out of or related to: user conduct; listings; shipments; transactions; possession or transfer of animals; alleged violations of law; alleged wildlife or invasive-species violations; alleged permit failures; animal injury, illness, escape, or death; alleged cruelty or welfare violations; fraud or misrepresentation; tax obligations; intellectual property claims; user-generated content; regulatory investigations; carrier disputes; payment disputes; chargebacks; bodily injury; property damage; or violations of these Terms.

Please read this section carefully.

To the maximum extent permitted by law, any dispute arising out of or relating to these Terms, the Platform, or user conduct shall be resolved exclusively through final and binding confidential arbitration on an individual basis only. Users expressly waive: the right to a jury trial; the right to participate in a class action; class arbitration; representative proceedings; and the right to act as a private attorney general.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

Menagerie reserves the right to modify these Terms at any time. Continued use of the Platform after changes become effective constitutes acceptance of revised Terms.