Effective Date: April 1, 2018
1. General Provisions
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you, if any. DOGGO DASH CLUB LLC may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DOGGO DASH CLUB LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
DOGGO DASH CLUB LLC may amend the Terms from time to time. Amendments will be effective upon DOGGO DASH CLUB LLC's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If DOGGO DASH CLUB LLC changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing DOGGO DASH CLUB LLC written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
2. Arbitration Agreement
Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at firstname.lastname@example.org.
Mandatory Arbitration. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against DOGGO DASH CLUB LLC on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class or collective action against DOGGO DASH CLUB LLC and also preclude you from participating in or recovering relief under any current or future class or collective action brought against DOGGO DASH CLUB LLC by someone else.
Agreement to Binding Arbitration. You and DOGGO DASH CLUB LLC agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and DOGGO DASH CLUB LLC, and not in a court of law.
You acknowledge and agree that you and DOGGO DASH CLUB LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and DOGGO DASH CLUB LLC otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and DOGGO DASH CLUB LLC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other 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.
Rules and Governing Law. The arbitration will be administered in accordance with the American Arbitration Act’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. If the AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at: adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure. Unless you and DOGGO DASH CLUB LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and DOGGO DASH CLUB LLC submit to 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.
Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by claimant and DOGGO DASH CLUB LLC, except where prohibited by applicable law.
Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse DOGGO DASH CLUB LLC for all fees associated with the arbitration.
Future Changes to the Arbitration Agreement. If we make any change to this Arbitration Agreement in the future, that change will not apply to any claim that was filed in a legal proceeding against DOGGO DASH CLUB LLC prior to the effective date of the change. Moreover, if we terminate the Arbitration Agreement by removing it from these Terms, such termination will not be effective as to any claim that was filed in a legal proceeding against DOGGO DASH CLUB LLC prior to the effective date of removal.
3. The Services
The Services comprise development and maintaining of Web application, mobile applications, and other related services (“Application”) that pet owners (“Pet Owners”) and providers of pet-related services (“Providers”) can use to find and interact with each other. DOGGO DASH CLUB LLC is a communication portal for Providers and Pet Owners. DOGGO DASH CLUB LLC is not a Provider and does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, transportation, or other services provided by Providers (“Pet Care Services”), or about your interactions and dealings with users of the Application. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES THROUGH THE USE OF THE APPLICATION DOES NOT ESTABLISH DOGGO DASH CLUB LLC AS A PROVIDER OF SERVICES.
4. The Providers
We conduct an initial background check of Providers and review of their applications; however, we do not otherwise screen Providers or Pet Owners. The background checks are conducted by a third party, and we do not warrant that such checks are accurate, complete, conclusive or up-to-date. You should exercise caution and use your independent judgment before engaging a Provider, providing services, or otherwise interacting with users via the Application. Pet Owners and Providers are solely responsible for making decisions that are in the best interests of themselves and their pets.
We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Providers and Pet Owners, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
Abandoned Pets. Pet Owners who fail to retrieve their pets after the Service is completed agree that DOGGO DASH CLUB LLC or the Provider may, in their sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse DOGGO DASH CLUB LLC and/or the Provider for all costs and expenses associated with such actions.
5. Access and Use of the Services
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services unless they are accompanied by you. Account registration requires you to submit to DOGGO DASH CLUB LLC certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method accepted by DOGGO DASH CLUB LLC. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DOGGO DASH CLUB LLC in writing, you may only possess one Account. You may not assign or otherwise transfer your Account to any other person or entity. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Provider, Pet Owner or any other party.
Text Messaging and Telephone Calls. You agree that DOGGO DASH CLUB LLC may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with the Services, including for marketing purposes. You may opt out of receiving text messages from DOGGO DASH CLUB LLC at any time, either by texting the word “STOP” to (number) using the mobile device that is receiving the messages, or by contacting DOGGO DASH CLUB LLC directly. If you do not choose to opt out, DOGGO DASH CLUB LLC may contact you with no restrictions. In the event you deactivate a mobile phone number provided to DOGGO DASH CLUB LLC, you agree to update your account information promptly to ensure that messages and phone calls are not sent to the person who acquires your old number.
User Provided Content. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DOGGO DASH CLUB LLC in its sole discretion, whether or not such material may be protected by law. DOGGO DASH CLUB LLC may, but shall not be obligated to, review, monitor, or remove User Content, at DOGGO DASH CLUB LLC's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DOGGO DASH CLUB LLC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6. The License.
Subject to your compliance with these Terms, DOGGO DASH CLUB LLC grants you a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by DOGGO DASH CLUB LLC.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by DOGGO DASH CLUB LLC; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights therein are and shall remain DOGGO DASH CLUB LLC's property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner DOGGO DASH CLUB LLC's company names, logos, product and service names, trademarks or services marks.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Pet Owners may purchase Pet Care Services from a Provider by completing a Booking with the use of the Application. The Pet Owner, will enter into a transaction with the Provider by acceptance of a Booking, and payment of the fees indicated in the Booking. Prices for the Services will be determined by Providers. You acknowledge that the Provider, not DOGGO DASH CLUB LLC will be responsible for performing the Pet Care Services.
DOGGO DASH CLUB LLC will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Application. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, and/or surcharges including a booking fee, or processing fees for split payments. Providers are charged a service fee, which will be deducted before remitting payment to Providers. We will deduct the service fee from the amount paid by the Pet Owner at the time of the Booking.
All Charges and payments will be enabled by DOGGO DASH CLUB LLC using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DOGGO DASH CLUB LLC may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by DOGGO DASH CLUB LLC.
You understand and agree that, while you are free to provide additional payment as a gratuity to any Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Taxes. Parties acknowledge that they are responsible for payment of any taxes related to use of services via the Application.
8. Disclaimer. Limitation of Liability
DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DOGGO DASH CLUB LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOGGO DASH CLUB LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE APPLICATION, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DOGGO DASH CLUB LLC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY. DOGGO DASH CLUB LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF DOGGO DASH CLUB LLC, EVEN IF DOGGO DASH CLUB LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold DOGGO DASH CLUB LLC and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) DOGGO DASH CLUB LLC's use of your User Content; or (iv) your violation of the rights of any third party, including Providers and Pet Owners.
10. Other Provisions
Choice of Law and Jurisdiction. These Terms, and any dispute between you and DOGGO DASH CLUB LLC, will be governed by the laws of the State of New York, without regard to principles of conflicts of law, except that the AAA rules will govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and DOGGO DASH CLUB LLC must be resolved exclusively by a state or federal court located in the State of New York.
Claims of Copyright Infringement. Claims of copyright infringement should be sent to DOGGO DASH CLUB LLC's designated agent. Please provide our designated agent with a written notice that includes all of the following information:
- A description of the copyrighted work you believe to have been infringed;
- Your name, mailing address, telephone number and email address;
- A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
No Assignment. You may not assign these Terms without DOGGO DASH CLUB LLC's prior written approval. DOGGO DASH CLUB LLC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DOGGO DASH CLUB LLC's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
No agency or employment relationship. No joint venture, partnership, employment, or agency relationship exists between DOGGO DASH CLUB LLC, Provider or Pet Owner as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DOGGO DASH CLUB LLC's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DOGGO DASH CLUB LLC in writing.