Welcome to PetClear, a proprietary online platform and digital animal verification process provided by Foxen (herein referred to as “Services”). Along with the Website Terms of Use, this Terms and Conditions of Use (the “Terms of Use”) sets forth the terms and conditions that govern your access to www.foxen.com and your use of the Services. These Terms of Use outline the mutual expectations between you and Foxen. Please read these Terms of Use carefully.
1. About PetClear
PetClear is a proprietary online platform provided by Foxen that allows residents and applicants of multifamily housing to submit information about their household animals to their housing provider, property owner, or property manager (collectively referred to as “Landlord”). PetClear helps users provide important information relating to their animals, upload relevant documentation, and share that information with their Landlord.
PetClear is not a landlord, property manager, attorney, or government agency. It does not provide legal advice or determine whether any individual or animal qualifies for protection under any law, including the Fair Housing Act or the Americans with Disabilities Act.
2. Your Responsibilities and Agreement to These Terms of Use
By using PetClear, you agree to follow these Terms of Use and to provide complete, accurate, and truthful information about yourself and any pets, service animals, or other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities (referred to in this Terms of Use as “support animals”).
Foxen cannot and does not require you to use PetClear. However, your Landlord may require you to use the PetClear to confirm whether you will be bringing an animal into your residence, and if so, as part of your application to bring an animal to your residence.
If you are using PetClear on behalf of someone else, you confirm that you have the legal authority to do so.
When using PetClear, you agree to follow all applicable laws and to use PetClear only for its intended purpose of submitting and managing information related to pets, service animals, or support animals in connection with your residence. By accessing or using PetClear in any way, you agree to these Terms of Use. If you do not agree, you should not use PetClear. We may update these Terms of Use from time to time. Continued use of PetClear means you accept any revised Terms of Use.
3. Relationship with Landlords
PetClear works in coordination with Landlords who choose to use PetClear as part of their rental application or resident management process. Your Landlord may ask or require you to use PetClear to submit information about pets, service animals, or support animals.
Foxen does not have any authority to bind your Landlord, create any liability against your Landlord, or incur any obligations on your Landlord’s behalf in any way or for any purpose. Your use of PetClear does not create any legal or contractual relationship between you and Foxen regarding your housing. Decisions about whether an animal is allowed on the property, whether an accommodation is granted, or whether additional information is needed are made entirely by your Landlord.
4. Description of Services
What PetClear Does. PetClear allows you to submit and manage information about pets, service animals, or support animals in connection with your current or prospective rental with a Landlord. Through PetClear, you can provide information about your animal and upload documents so that they can be organized and delivered to your Landlord in a secure and convenient way as part of the rental process.
What PetClear Does Not Do. PetClear does not make decisions about whether you are approved to bring an animal into your residence. It does not determine whether a reasonable accommodation request to bring your service or support animal is granted or denied. (See Reasonable Accommodation Requests below for more information.) Those decisions are made solely by your Landlord.
Foxen may update any part of PetClear from time to time including adding, modifying, or removing features or functionality. Foxen may provide you with reasonable notice if any such update materially decreases the overall functionality of PetClear
5. Use of Information
When you use PetClear, you will be asked to provide information about yourself and your animal. This will include your name, contact details, and details about your animal (such as breed, weight, or vaccination history). If you are submitting a reasonable accommodation request to keep a service animal or a support animal in your residence, then you may be asked to provide health information supporting your request. (For more information about how we handle your personal information, please see Foxen’s Privacy Statement located at https://www.foxen.com/privacy-policy.)
By submitting this information, you authorize Foxen to share it with your Landlord for your Landlord to evaluate your pet or animal in connection with your rental application or tenancy.
You are responsible for ensuring that all information and documents you submit are accurate, current, and legally yours to share. Submitting false or misleading information, or documents you are not authorized to provide, may result in your access to PetClear being suspended or terminated. It may also affect your Landlord’s review of your request to bring your animal into your residence.
6. Reasonable Accommodation Request
PetClear provides a secure and convenient way for individuals to organize and submit documents in support of their reasonable accommodation request to their Landlord to bring a service animal or a support animal. Under the Fair Housing Act (“FHA”), certain housing providers may not discriminate in housing based on a person’s disability. Therefore, individuals with disabilities may request reasonable accommodation to the Landlord to bring service animals and/or support animals to their residence.
You are not required to use PetClear in order to request reasonable accommodation under the law. If you choose not to use PetClear, you will need to work directly with your Landlord to provide the necessary documentation and information.
PetClear does not determine whether your reasonable accommodation request qualifies under the law or whether your animal meets the requirements of a service animal or a support animal. That decision rests solely with your Landlord. Submitting a request through PetClear does not guarantee that your Landlord will grant your reasonable accommodation request. If you have questions about your rights or whether your request qualifies, you should contact your Landlord directly or seek advice from a professional.
7. Fees and Payments
Foxen may charge a fee for each animal that you use PetClear to provide the animal application to your landlord. The amount of the fee, if any, will be disclosed to you before you complete your submission.
You will be charged a fee only if you are applying to bring a household pet to your residence. Foxen does not charge a fee if you do not bring a pet or animal into your residence. Further, Foxen does not charge a fee for you to submit a reasonable accommodation request to bring a service animal or support animal to your residence.
By submitting payment, you agree to the fee and authorize Foxen (or its third party payment processor) to charge the payment method you provide. Unless otherwise required by law, fees are non-refundable, including in cases where your Landlord does not approve your animal or you do not become a resident.
If your payment method is declined or becomes inactive, you remain responsible for any outstanding fees. Failure to pay may result in your profile becoming inactive or unavailable to your Landlord.
8. Intellectual Property
All content, software, and materials available through PetClear—including but not limited to text, graphics, logos, icons, images, and the overall design and functionality of the experience—are the property of Foxen and are protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to use PetClear solely for your personal, non-commercial use in connection with your residence. This license does not give you ownership of any part of PetClear.
You may not copy, reproduce, modify, distribute, publish, display, perform, license, create derivative works from, or sell any part of PetClear without prior written permission from Foxen. You also may not reverse-engineer, decompile, or attempt to extract the source code of any part of the PetClear.
9. Disclaimers
NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FOXEN DOES NOT WARRANT THAT THE SERVICES, THE WEBSITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES OR THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT ON THIS WEBSITE OR ON THE PETCLEAR MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE, PETCLEAR, AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE PETCLEAR PLATFORM AND WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FOXEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOXEN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST FOXEN FOR DISSATISFACTION WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THE SERVICES, IS TO STOP USING THE WEBSITE, ANY SUCH CONTENT, OR THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT BECAUSE FOXEN OBTAINS DATA FROM THIRD PARTIES THAT THE INFORMATION MAY, OR MAY NOT BE, COMPLETELY THOROUGH AND ACCURATE. YOU SHALL NOT RELY UPON FOXEN FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN USING THE SERVICES.
10. Limitations of Liability
EXCEPT WHERE PROHIBITED BY LAW, NEITHER FOXEN, NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF FOXEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, FOXEN'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS WEBSITE, ITS CONTENT, OR THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE OR SERVICES IN THE PRIOR TWELVE (12) MONTHS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the foregoing limitations may not apply to you.
11. Indemnification
By using this Website and by enrolling in the Services, you agree to defend, indemnify, and hold harmless Foxen from and against all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Foxen may become obligated to pay arising or resulting from your use of this Website, the Services, or your breach of these Terms of Use. Foxen reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
12. Third Party Links
This Website may contain links to websites maintained by third parties. Foxen is not responsible for the content or privacy policies of third party websites, and the existence on this Website of links to third party websites should not be considered an endorsement or recommendation of those websites or of any product or service offered on those websites or of any party that is associated with those websites.
13. Arbitration and Waiver of Jury Trial
YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Foxen are instead electing that all claims and disputes shall be resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. You acknowledge and agree that any dispute, controversy, or claim arising out of, or relating to the Services or these Terms of Use, shall be settled by confidential arbitration, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer Related Disputes) as then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of applicable issues will conduct the arbitration and the parties will mutually agree upon such arbitrator. If the parties have not agreed upon an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will, if practicable, render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive, and binding on all the parties to the arbitration. Judgment may be rendered on the arbitrator’s decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and Foxen, all other expenses of the arbitration will be paid by the party who incurred them.
14. Waiver of Class Action
You understand and agree that you will not participate in any way in any class action in connection with any dispute, controversy, or claim, either as a class representative plaintiff or as a member of a putative class. ALL CLAIMS AND DISPUTES INVOLVING THIS WEBSITE OR THE SERVICES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precluded enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Ohio. All other claims shall be arbitrated.
15. Change to the Terms of Use
Foxen reserves the right, in its sole discretion, to modify, amend, or update these Terms of Use at any time. Any such modifications will be effective immediately upon posting by Foxen, unless otherwise expressly stated. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to remain informed of any changes. Your continued access to or use of the Services after the posting of any modifications shall constitute your binding acceptance of the revised Terms of Use. If you do not agree to the updated terms, you must immediately discontinue use of the Services.
16. General
The following provisions are applicable to this Website and the use of the Services:
17. Contact
If you have any questions or require further information regarding these PetClear Terms of Use, please submit your inquiry through our contact form at www.foxen.com/contact-us.