Terms of Service
Last Updated: May 1, 2018
These Terms and Service constitute a legally binding agreement (the “Terms”) made between you, whether personally or on behalf of an entity (“you”) and Pet-n-Pamper LLC (“PetnPamper”, “we,” “us”, or “our”), concerning your access to and use of our websites, applications, platform, contents, products, resources, and services (collectively, the “PetnPamper Service”). You agree that by accessing and using PetnPamper Service, you have read, understood, and agree to be bound by all of these Terms.
PetnPamper Service connects Pet Owners with third-party Service Providers (known as “Service Providers”, “Buddy” or “Buddies”) using Services made available through Pet-n-Pamper LLC and its parent organizations, licensors, subsidiaries, representatives, affiliates, officers and directors (collectively “PetnPamper”). PetnPamper has no control over the conduct of Service Providers, and has no responsibility or liability for any Pet Services that are provided to you by a third-party Service Provider, or any other Users of the PetnPamper Service.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service posted here and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms are posted.
By agreeing to these Terms, you acknowledge that you understand that PetnPamper does not provide Pet Services and is not a Service Provider. PetnPamper does not and does not intend to provide Pet Services or act in any way as a Service Provider.
You also agree that these Terms contain provisions that govern how claims that you and PetnPamper have against one another can be brought. If you submit a claim against PetnPamper, the provisions will, with limited exception, require you to submit them on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding but to a binding and final arbitration as an individual.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PETNPAMPER SERVICE AND YOU SHOULD NOT ACCEPT THEM, NOR DO YOU HAVE THE RIGHT TO USE THE PETNPAMPER SERVICE.
“Booking” means to request or accept Pet Services.
“Content” means all text, graphics, images, music, audio, video information or other materials.
“Pet Owner” means a User who requests or receives Pet Services from a Service Provider via the Services.
“Pet Service” means any service, including, but not limited to, dog walking, pet sitting, pet training, pet grooming, provided by a Service Provider.
“Platform” means the same as PetnPamper Service.
“Service Provider” (also know as Pet Service Provider or “Buddy”) means a User who provides Pet Services to Pet Owners.
“User” means a person who accesses and/or uses PetnPamper Service.
“User Content” means Content that a User uploads, publishes, posts, submits or transmits to be made available through the Services.
PetnPamper Service provides a marketplace platform connecting Pet Owners with third party Service Providers. Though we do background checks on all Service Providers, we do not guarantee, warrant, nor make representations on the behalf of Service Providers regarding their reliability, quality, or suitability. Service Providers are not employees nor are they affiliates of PetnPamper. Service Providers are registered with our PetnPamper Service as individuals or companies providing Pet Services.
PetnPamper Service connects Pet Owners who are in need of Pet Services to a Service Provider. Whether you are a Pet Owner or a Service Provider, you must have an account in order to use PetnPamper Service. As a Pet Owner you can request various types of Pet Services to be provided. As a Service Provider, you understand by agreeing to these Terms, you are not an employee of PetnPamper and are choosing to use our PetnPamper Service to provide Pet Services as a third-party Service Provider to Pet Owners. Once a Pet Service is scheduled between the Pet Owner and Service Provider, all further transactions are between the Service Provider and Pet Owner. Pet Owners agree to allow the PetnPamper Service to match them with a Service Provider. Pet Services Providers have a choice as to whether they would like to accept the Pet Service request.
In no way do we endorse any Users of the service. Any ratings on or off our Platform, is not an endorsement nor should it be perceived as a guarantee of a User of our PetnPamper Service. Ratings are intended to be useful and provide information so that the intended viewer of the ratings can make a decision as to whether they want to interact with that User. We strongly encourage that all Users exercise caution when deciding to use the PetnPamper Service, when accepting requests to provide Pet Services or using Pet Services provided by a Service Provider.
By agreeing to these Terms, you represent and warrant that you are at least 18 years of age and legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by these Terms. You also agree that use of PetnPamper Services is for personal use and that you will not authorize others to use your account, that you will not transfer your User account to another person or entity, and that you will not provide inaccurate information regarding yourself or identity. That you will not use the Services in any way that violates any applicable law or regulation.
By using the Services you agree that:
Your Information: All the information you provide PetnPamper is true and accurate and that you will keep your information up-to-date; always providing accurate, current and complete information. You will provide us whatever proof of identity that we may reasonably request. You may not have more than one PetnPamper account. You understand that by sharing your information you or your information that we obtain from third parties, you agree that the information shared will be used for your profile and for the purpose of you using the Service. You understand you are responsible for your password and will keep it secure and confidential. You will notify PetnPamper immediately if your account has been compromised.
Legal Compliance: The information you provide through Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you choose to access the Services from other locations you do so on your own initiative and are solely responsible for compliance with local, state and country laws, if and to the extent local laws are applicable. You will not copy or distribute Services without written permission from PetnPamper.
Access and Use of Services: You may only access the Services with the intentions to use the Services as permitted by PetnPamper and defined within the Terms. It is your responsibility to ensure you download the correct application and keep the application up-to-date with the latest version of the Services. If your device is not compatible with our Services, PetnPamper is not liable to you in anyway.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Services, you agree not to:
Additional Terms that you agree to in order to use the Services:
If you provide any information that is untrue, inaccurate, not current, or incomplete, or violate any Terms stated herein, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
When interacting with another User through PetnPamper Service, you agree to use caution and common sense to protect your personal safety, the safety of others, and property. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interest of themselves and the pets. By using our PetnPamper Service, you agree to hold PetnPamper harmless of any liability that might arise from using the PetnPamper Service or with interactions with another User. You understand that PetnPamper is not responsible for any User of our PetnPamper Service, whether online or offline of the PetnPamper Service. You agree by accepting the Terms to use PetnPamper Service, PetnPamper is not liable for any claim, suits, loss, harm, damage and/or injuries that may arise from a User of the PetnPamper Service. You acknowledge and agree that your use of Pet Services is at your sole risk.
In order to use PetnPamper Service, as a User you must register with PetnPamper Service. You must create an account to become a User, whether as a Pet Owner or Service Provider. You can sign up through the Platform or linking a third-party social network platform to register for our PetnPamper Service. You agree to provide accurate and complete information while registering for with PetnPamper Service. You also agree not to have others register on your behalf, use your account or share your password with others.
In order to use PetnPamper Service, both Pet Owners and Service Providers agree that by booking any of the Pet Services, both agree to specific time periods, fees, cancellation and refund policy, and other terms set through the PetnPamper Service. As a Pet Owner, if you request a booking and it is accepted by a Service Provider, you understand and agree to the price, cancellation and refund policy and terms of that booking. As a Service Provider, you agree by accepting a booking to abide by terms of the booking with regards to price, fees, cancellation and refund policy and other terms set forth.
As a Pet Owner, you understand and agree that in order to use the Service you must purchase a package of credits in order to request Pet Services. Once a package is purchased, the Pet Owner can use those purchased credits to book Pet Services. You also understand that the credits in your account are used to pay the Service Providers for Pet Services that are rendered, in which PetnPamper receives a service fee for providing the platform as a means to facilitate the bookings between Pet Owner and Service Provider. Where required by law, the amount charged may also be inclusive of applicable taxes.
Once a booking has been completed, credits will be deducted from the Pet Owners account. The Pet Owner understands that charges for packages with their payment method and credits deducted from their account for bookings by the Pet Owner are final and non-refundable. All packages are non-refundable. The Pet Owner retains the right to request a review of credits deducted from account for Services rendered by Service Provider at the time you receive Services. PetnPamper will respond accordingly and make a final determination with regards to charge of credits. If PetnPamper determines credits should be refunded, the Pet Owner will only receive credits refunded to their PetnPamper Service account. No monetary refunds will be refunded to the Pet Owner’s payment method.
All charges are due immediately and payments are non-refundable. If you decide to terminate your use of PetnPamper Service, for any reason whatsoever, you understand that no refund will be given to you on the credit in your account. If your preferred payment method is determined to be expired, invalid or non-chargeable, you agree if a balance is owed, for PetnPamper to collect balance due from a secondary payment method on your account, if available. In order to use the Service you agree that PetnPamper has the right to remove, revise or establish charges for any and all Services obtained through the Platform. If PetnPamper does modify the charge, we will in our reasonable efforts inform you of that charge. It is your responsibility to ensure that complete and accurate payment information is kept up-to-date in your account. If a transaction fails to process and a secondary payment option is not available, you will be notified and must update your payment information immediately upon receipt of such notification. Balances left open for over 7 days will be subject to an additional $35 late payment fee.
From time to time PetnPamper may offer promotional offers and discounts that may result in different amounts charged for similar or same services obtained through the PetnPamper Service. These promotional offers, unless made to you, shall have no bearing on your use of the Services or the charges applied to you.
The payment structure is intended to fully compensate the Service Provider for the Services in which they have provided you. If you wish to provide a tip to the Service Provider, it is not required and purely voluntary and can be added if option is available through the Platform for the Service Provider. You are under no obligation to provide gratuity to the Service Provider.
As a Service Provider, you understand and agree that PetnPamper’s role is to facilitate the booking of service and transaction of payment from Pet Owner to Service Provider. In doing so, PetnPamper will receive a percentage of the transaction charged to the Pet Owner. Service Providers agree that a percentage of the transaction of the fee is for the use of PetnPamper Service. You understand PetnPamper has the right to change the fee for use of PetnPamper Service at any time for any amount.
Pet Owners may elect to cancel a scheduled or on-demand service at any time. Scheduled dog walks or check ins canceled within 4 hours, but greater than 2 hours of the Service, will be charged at 50% of the Booking from your account. If scheduled dog walk or check in is canceled within 2 hours of the Service, you will be charged 100% of the Booking from your account. For pet sitting, if you cancel within 48 hours of the Service, you will be charged one day of the Booked Service from your account. If you cancel during a scheduled pet sitting, you will be charged for any days of Service, plus 50% of the reminder of the Booking from your account. If you choose a package in order to use PetnPamper Service to schedule Services which you cancel, you understand and agree, you will not be refunded the charge to your payment method. The balance remaining in your account will be available to you for future use of Services.
PetnPamper is not obligated to refund you for Services rendered by a Service Provider. If we determine a Service Provider has failed to provide Services as agreed or otherwise in accordance to these Terms, we may in our reasonable discretion, issue a partial or refund of credits to your account.
In order to use PetnPamper Service you agree to our Cancellation and Refund Policy and accept these Terms.
As a Service Provider, you understand the importance and commitment once you have accepted a Booking for a Service with a Pet Owner. Cancellations of an accepted Booked Service may result in a penalty. If a scheduled walk or check-in is cancelled within 24 hours of the booked Service, a $10 penalty will be applied and deducted from your next scheduled Service. If you cancel within 72 hours of a scheduled pet sitting, you will be charged $25 which will be applied and deducted from your next scheduled Services. If you accrue several penalties, you will be subject to a lesser commission on all subsequent walks until all penalties have been negated. PetnPamper has the sole right to deactivate and/or suspend Service Providers if we believe there are “patterns” of cancellations of Services that occur. PetnPamper understands that things may arise that a Service Provider may have to cancel Bookings. However, it is our mission to provide a reliable marketplace to Pet Owners and in order to do so, we want Service Providers to take cancellations seriously, and in their best efforts, only make commitments to provide Services when they can. We do not encourage Service Providers to accept all Service requests, but to accept those they can commit to providing.
Your pet’s safety is a top priority of ours. As such, you agree and warrant the following with regards to your Pet’s Care:
If you are unable to agree and warrant your pet(s) meet the requirements above, it is your responsibility to not use PetnPamper Service until you meet these requirements. If you are found to use PetnPamper Service and do not meet these requirements, PetnPamper has the right to suspend or deactivate your account. You may also be liable for any injury or harm that may take place if you do not follow these Terms.
Our insurance does not cover the safety of your pet(s) within dog parks or dog runs. Therefore, Service Providers will not take your pet(s) to dog parks or dog runs unless they receive explicit instructions from you through the PetnPamper Service. You understand and agree that you assume all the risk should you instruct the Pet Provider to visit a dog park or dog run with your pet(s).
The security of a Pet Owner’s home is of the utmost importance to PetnPamper. We have taken several steps to ensure that your home is respected when a Service Provider enters it. Though we cannot guarantee the civility of the Service Providers, we do our best to pre-screen Service Providers within our means. If you are Service Provider, you agree to respect Pet Owner’s home and privacy.
We provide complimentary lock boxes to Pet Owners. Pet Owners have 30 days upon receiving the lock box to use the Service once or they will be subject to a one-time $15 lock box fee. Lock boxes are intended to facilitate the provisioning of the Service.
As a Pet Owner, if you request a in-home pet sitting or check-in, it is your responsibility to determine within your notes for the scheduled Service as to expectations within your home. A meet and greet is available upon request for first time scheduled services that are recurring or for a duration of time such as pet sitting with a new Service Provider. During the meet and greet you can then review with them your reasonable expectations of being in your home. We ask that once you schedule your requested service, then immediately contact PetnPamper to schedule a meet and greet. We ask that you take into consideration the Service Providers time and make sure to schedule your recurring or pet sitting more than 5 days out if you want to have a meet or greet. We cannot guarantee that a Service Provider will be able to accommodate your schedule and you may have to cancel and reschedule with another Service Provider. Please note, if you cancel to reschedule with another Service Provider, please do so before the cancellation fee takes effect per these Terms.
PetnPamper uses a third party consumer reporting agency to perform background checks on Service Providers to review for the following: criminal records, sex offender registry, and identification verification, (collectively “the Background Check”). We do not provide, and are not responsible or liable for any manner of the background check. Background checks may vary by type and depth based on the third party consumer reporting agency. Not all arrest logs and records, nor sex offender registries, or convictions or corrected records are available in all jurisdictions. If a Service Provider has a juvenile record, it may not appear on public record, therefore may not be included in the results of background checks. By using PetnPamper Service, you acknowledge you understand PetnPamper’s limits and that we do not provide the actual background check. We do not endorse, warrant or make representation the reliability of such background checks, nor the accuracy, completeness of any information in the background checks.
By agreeing to these Terms, Service Providers agree to undergo a background check via the PetnPamper Service. You hereby consent to the collection, use and disclosure of the information of the background check. You understand and agree that PetnPamper, in our sole discretion, can and will review and rely on the information provided in the background check to determine your eligibility to use the PetnPamper Service. You agree that PetnPamper, in our sole discretion, can run a background check anytime we deem necessary. We reserve the right to suspend or terminate your access to PetnPamper Service based on the information provided in your background check for any reason, or no reason, and in our sole discretion.
You agree that PetnPamper may contact you by autodialed phone calls or text messages with information about PetnPamper Service, with marketing messages, and messages about your account, even if your phone number is on the Do Not Call list. You are not purchasing anything or using the PetnPamper Service, in order to provide this consent, and may opt out by contacting customer service at (954) 302-4351. In the event that you change your phone number, you will promptly update your account information to ensure that we do not message or call someone other than you. You understand and agree that any phone calls or chats with PetnPamper may be monitored or recorded for quality assurance purposes.
The PetnPamper Services may contain (or you may be sent via the PetnPamper Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the PentPamper Service or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
You understand and agree that there will be times that Service Providers will take pictures or videos of your pet during the course of providing Services to you. This may include upload, store, post, share pictures and videos of your pet through PetnPamper Service. You understand and agree that these pictures and videos may be used to be shared with you but also be used by PetnPamper for promotional and marketing services. You agree that you have no right, title, or other ownership to any of the pictures or videos provided by a Service Provider.
The PetnPamper Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the PetnPamper Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other Users of the PetnPamper Service and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the PetnPamper Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the PetnPamper Service.
By posting your Contributions to any part of the PetnPamper Service [or making Contributions accessible to the PetnPamper Service by linking your account from the PetnPamper Service to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions if you are a Pet Owner. As a Pet Owner you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the PetnPamper Service. All Users are solely responsible for their Contributions to the PetnPamper Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the PetnPamper Service to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the Service Provider/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We take the Digital Millennium Copyright Act (the “DMCA”) seriously. If you believe in good faith that your copyrighted work has been infringed by content posted on our PetnPamper Service or through our promotions or marketing, please provide us a written notice that includes all of the following information:
Please send your notice to our designated agent for notice of copyright infringement to:
The Law Office of Tiffany Hughes
Attention: Pet-n-Pamper LLC Copyright Notice
22 W. Washington Street Suite 1500
Chicago, Illinois 60602
PetnPamper and its licensors retain all rights, title, and interests (including all related intellectual property rights), any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relation to the PetnPamper Service. These Terms are not for sale and do not convey to you any rights of ownership in or related to PetnPamper Service, or any intellectual property rights owned by PetnPamper. PetnPamper’s name, logo and the product names associated with the PetnPamper Service are trademarks of PetnPamper or third party, and no right or license is granted to use them.
PetnPamper Service is our proprietary property and all source code, databases, functionality, software, applications, platforms, website designs, audio, video, text, photographs, and graphics on the PetnPamper Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the PetnPamper Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the PetnPamper Service, you are granted a limited license to access and use the PetnPamper Service and to download the Content to which you have properly gained access solely for your personal, non-commercial use.
In no event will PetnPamper be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of the use of PetnPamper Service, or the inability to use PetnPamper Service. This includes without limitation damages related to suspension or termination of your access to the PetnPamper Service, removal of your profile, any failure error, omission, interruption, defect, or delay in transmission or operation of the PetnPamper Service. This is even if we are aware of the possibility of and such damages, losses or expenses.
You understand and agree that PetnPamper Service in no event is or will be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, and/or consequential, arising out of relation to the conduct of you or any other User of PetnPamper Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from reliance on information or content posted on or transmitted through the PetnPamper Service, whether online or offline. This includes any claims, losses or damages arising from the conduct of users who attempt to defraud or harm you.
The quality of the Pet Service provided by a Service Provider scheduled through PetnPamper Service is entirely the sole responsibility of the Pet Provider who ultimately provides the service to you. Both Pet Providers and Pet Owners understand and acknowledge that by using the PetnPamper Service, you take a risk that may expose you to another User that could be potentially dangerous, offensive, harmful to others, or potentially unsafe. You agree not to hold PetnPamper liable if an incident occurs between you and another User and that PetnPamper is not responsible or liable for Pet Services provided by Service Providers set forth in these Terms. In no event will PetnPamper aggregate liability to you are any third party in any matter arising from or relating to the PetnPamper Service or these Terms, exceed the amount of $500 US dollars in connection to damages, losses and causes of action.
By entering into these Terms and using the PetnPamper Service, you agree to defend, indemnify, and hold PetnPamper, its licensors, parent organizations, subsidiaries, affiliates, officers, members, employees, attorneys, assigns and agents harmless from and any and all claims, demands, causes of action, costs, damages, losses, liabilities, expenses, including attorney’s fees and court costs, that are in any way related to the following:
PetnPamper makes no representation, warranty, or guarantee as to the reliability, timeliness, suitability, quality, availability, accuracy or completeness of the PetnPamper Service. You choose to user the PetnPamper Service at your own risk. We do not warrant or represent the following:
THE PETNPAMPER SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE PETNPAMPER SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PETNPAMPER SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PETNPAMPER SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PETNPAMPER SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PETNPAMPER SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PETNPAMPER SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PETNPAMPER SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PETNPAMPER SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PETNPAMPER SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
PLEASE READ THIS ARBITRATION SECTION CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PETNPAMPER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT BY ACCEPTING THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By accepting these Terms, you agree that you are required to resolve any dispute or claim relating to or that you may have against PetnPamper will be resolved by final and binding arbitration on an individual basis, rather than in court. This will preclude you from bringing a class, collective, or representative action against PetnPamper, and also precludes you from participating or recovering relief under any current or future class, collective, consolidated, or representative action brought against PetnPamper by someone else.
You and PetnPamper agree that any dispute, claim or controversy arising from or relating to (a) these Terms, prior versions thereof, including the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or the use of PetnPamper Service, and Services or Goods made available to you through PetnPamper Service, at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and PetnPamper, not in a court of law.
You acknowledge and agree that you are waiving the right to a trial by jury or to a participate as a plaintiff or class in any purported class action or representative proceeding. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. However, you and PetnPamper each retain the right to bring an individual action in small claims court and the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Before you commence with arbitration, we encourage you to contact us to share your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us by emailing us at email@example.com or by mailing us at:
The Law Office of Tiffany Hughes
Attention: Pet-n-Pamper LLC Dispute Notice
22 W. Washington Street
Chicago, Illinois 60602
If the issue is not resolved and results in arbitration, we will follow the American Arbitration Association (“AAA”) in accordance with AAA’s Rules.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA’s Rules. The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.
The A Party who desires to initiate arbitration must provide the other party with a written Demand of Arbitration as specified by AAA Rules. To begin arbitration proceeding you must send a letter requesting arbitration and describing your claim to our registered agent Maria Topliff at firstname.lastname@example.org. The arbitrator will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon the arbitrator, within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Unless you and PetnPamper otherwise agree, the arbitration will be conducted in a mutually agreed upon location or will be held in the county in which you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PetnPamper submit the Arbitrator, unless you request a hearing or the ARbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an aware within the time frame specified in the AAA Rules. The Arbitrator’s decision will include the the essential findings and conclusions upon which the Arbitrator based the award. The Arbitrator may aare declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective or representative basis. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment theron shall have no precedential or collateral estoppel effect. Whether you are PetnPamper prevails in arbitration, the prevailing Party will be entitled to an award of attorneys’ fees and expenses, to the the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set for in the AAA rules. If you demonstrate to the Arbitrator that you are economically unable to pay your portion of the Arbitration Fees, PetnPamper will pay your portion of the Arbitration fees as the Arbitrator deems necessary. In the event that the Arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse PetnPamper for all fees associated with the arbitration paid by PetnPamper on your behalf that you otherwise would be obligated to pay under the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the Arbitrator, will be strictly confidential for the benefit of all parties.
If any portion of this Terms is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms or Arbitration portion of these Terms or the Parties’ ability to compel arbitration of any remaining claims on an individual basis in pursuant to these Terms.
Except as provided above in this Disputes Resolution - Mandatory Arbitration section, these Terms will be governed by the laws of Florida without regard to choice of law principles. This choice of law provision is only intended to specify the user of Florida law to interpret these Terms and does not create any other substantive right to non-Floridians to assert claims under Florida law wither by statute, common law, or otherwise.
As part of the functionality of the PetnPamper Service, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable Terms of Service that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms of Service that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the PetnPamper Service via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the Third-Party service provider, then Social Network Content may no longer be available on and through the PetnPamper Service. You will have the ability to disable the connection between your account on the PetnPamper Service and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the PetPamper Service. You can deactivate the connection between the PetnPamper Service and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the Username and profile picture that become associated with your account.
We reserve the right, but not the obligation, to: (1) monitor the PetnPamper Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the PetnPamper Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the PetnPamper Service.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the PetnPamper Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the PetnPamper Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the PetnPamper Service.
We cannot guarantee the PetnPamper Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the PetnPamper Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the PetnPamper Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the PetnPamper Service during any downtime or discontinuance of the PetnPamper Service. Nothing in these Terms will be construed to obligate us to maintain and support the PetnPamper Service or to supply any corrections, updates, or releases in connection therewith.
We will maintain certain data that you transmit to the PetnPamper Service for the purpose of managing the PetnPamper Service, as well as data relating to your use of the PetnPamper Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the PetnPamper Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the PetnPamper Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PETNPAMPER SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and any policies or operating rules posted by us on the PetnPamper Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the PetnPamper Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the PetnPamper Service or to receive further information regarding use of the PetnPamper Service, please contact us at:
Fort Lauderdale, Florida