PRIVACY POLICY, DATA MONETIZATION DISCLOSURE, AND COMPREHENSIVE LIABILITY SHIELD
EFFECTIVE DATE: February 27, 2026
DOMAIN: www.Gapetz.com (the “Site”)
1. CORPORATE IDENTITY AND MARKET DEFINITION: TECHNOLOGY PROVIDER STATUS
1.1. Neutral Venue Declaration. www.Gapetz.com is strictly a Technology Company and a Peer-to-Peer (P2P) Marketplace Platform. It is NOT a breeder, kennel, merchant, broker, or agent. The Site functions solely as a neutral “Venue” and “Electronic Billboard” designed to facilitate connections between independent third-party users.
1.2. No Party to Transactions. Gapetz.com (the “Platform”) is not a party to any actual transaction between buyers and sellers. Consequently, the Protected Entities (as defined in Section 3) have no control over, and do not guarantee, the quality, safety, legality, health, temperament, or existence of the items or animals advertised; the truth or accuracy of listings; or the ability of sellers to sell items or the ability of buyers to pay for items.
2. DATA MONETIZATION DISCLOSURE AND MANDATORY SALE CLAUSE
2.1. Data as a Commercial Asset. USER ACKNOWLEDGES AND AGREES THAT GAPETZ.COM OPERATES ON A DATA-MONETIZATION BUSINESS MODEL. Any and all information collected, including but not limited to Personally Identifiable Information (PII), non-PII, metadata, financial identifiers, geolocation data, and behavioral analytics, constitutes a proprietary commercial asset of the Platform.
2.2. Right to Sell and License. The Platform reserves the absolute right to sell, license, lease, or otherwise distribute all collected data to third-party aggregates, commercial partners, and marketing entities for profit. By utilizing this Site, the User provides express, irrevocable consent for such data monetization.
2.3. Disclaimer of Post-Transfer Liability. THE PROTECTED ENTITIES SHALL NOT BE HELD LIABLE FOR THE SUBSEQUENT UTILIZATION, SECURITY, OR FURTHER DISTRIBUTION OF DATA ONCE A TRANSACTION TO A THIRD-PARTY BUYER OR SUCCESSOR-IN-INTEREST IS COMPLETE. The Platform assumes no “Duty of Care” regarding the data hygiene or security protocols of third-party data recipients.
3. INDEMNIFICATION AND DEFINITION OF “PROTECTED ENTITIES”
3.1. Protected Entities. The term “Protected Entities” shall collectively refer to the Domain Name Owner, the Domain Registrant, the Hosting Provider, the Technical Architect, and any parent companies, subsidiaries, officers, directors, employees, and agents.
3.2. Robust Indemnity Provision. User agrees to defend, indemnify, and hold harmless the Protected Entities from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) User’s use of and access to the Site; (ii) User’s violation of any term of this Policy; (iii) User’s violation of any third-party right; or (iv) any “Intervening Cause,” including third-party criminal interference, hacking, or unauthorized data access.
4. LIMITATION OF LIABILITY AND EXCULPATION
4.1. DIGITAL FORCE MAJEURE. USER ACKNOWLEDGES THAT NO DIGITAL ENVIRONMENT IS IMPERVIOUS TO “MALICIOUS ACTORS” OR “ZERO-DAY EXPLOITS.” IN THE EVENT OF A DATA BREACH, LEAK, OR UNAUTHORIZED ACCESS, SUCH EVENTS SHALL BE CLASSIFIED AS “DIGITAL FORCE MAJEURE.” USER HEREBY WAIVES ALL RIGHTS TO LITIGATE AGAINST THE PROTECTED ENTITIES FOR SUCH EVENTS.
4.2. WAIVER OF NEGLIGENCE. THE PROTECTED ENTITIES ARE NOT LIABLE FOR ANY “GROSS OR SIMPLE NEGLIGENCE” REGARDING DATA HYGIENE, SERVER MAINTENANCE, ENCRYPTION STANDARDS, OR SECURITY PROTOCOLS. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
5. THE “K9 TRANSACTION” LIABILITY SHIELD (CAVEAT EMPTOR)
5.1. Passive Conduit Status. Regarding the advertisement or sale of live animals (K9s), the Platform acts merely as a “Passive Conduit.”
5.2. Assumption of Risk and Strict Liability. LIVE ANIMALS ARE INHERENTLY UNPREDICTABLE. USER ASSUMES ALL “STRICT LIABILITY” AND “ASSUMPTION OF RISK” ASSOCIATED WITH THE PURCHASE, TRANSPORT, AND OWNERSHIP OF ANIMALS.
5.3. TOTAL EXCULPATION FOR ANIMAL TRANSACTIONS. THE PROTECTED ENTITIES SHALL NOT BE LIABLE FOR ANY “CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES” ARISING FROM K9 TRANSACTIONS. THIS INCLUDES, BUT IS NOT LIMITED TO: ANIMAL MORTALITY, PHYSICAL INJURY TO HUMANS (INCLUDING BITES OR ATTACKS), PROPERTY DAMAGE, OR “LATENT DEFECTS” IN THE ANIMAL’S TEMPERAMENT, GENETICS, OR HEALTH. THE DOCTRINE OF “CAVEAT EMPTOR” (BUYER BEWARE) APPLIES TO ALL USERS.
6. REGULATORY COMPLIANCE AND OPT-OUT RIGHTS
6.1. CCPA/CPRA/VCDPA Notice. Residents of certain jurisdictions (e.g., California, Virginia) may have the right to request a “Notice of Right to Opt-Out” of the sale of their personal information. However, the Platform reserves the right to charge for services or limit Site access to the maximum extent permitted by law for users who exercise these rights, as the business model is predicated upon data monetization.
7. MANDATORY BINDING ARBITRATION AND VENUE
7.1. Arbitration Agreement. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY OR THE USE OF THE SITE SHALL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION RATHER THAN IN COURT. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
7.2. Choice of Law. This Policy shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Delaware], without regard to its conflict of law provisions.
8. SEVERABILITY
8.1. Survival of Terms. If any provision of this Policy is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS COMPREHENSIVE LIABILITY WAIVER AND PRIVACY POLICY.