Last updated: January 22th, 2018
1. Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Go-Doggies. (“Go-Doggies.com,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Go-Doggies.com Service”). The Terms govern all use of the Go-Doggies.com Service, whether you access it from our website at https://www.go-doggies.com(the “Site”), our mobile applications and mobile websites, our online or phone support offerings, or any other access point we make available to you. BY ACCESSING OR USING THE GO-DOGGIES.COM SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE GO-DOGGIES.COM SERVICE.You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately (except as otherwise described in Section 16.9 below) when we post the modified Terms on the Go-Doggies.com Service. Your continued access and use of the Go-Doggies.com Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
2. Go-Doggies.com Service.
2.1 Nature of the Go-Doggies.com Service. The Go-Doggies.com Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other. The Go-Doggies.com Service includes our online listing services, lead generation, appointment booking and management platform, and other related services. We charge fees for some aspects of the Go-Doggies.com Service, as described below in Section 9.
2.2 Go-Doggies.com does not provide Pet Care Services. Go-Doggies.com is a neutral venue for Service Providers and Pet Owners. Go-Doggies.com is not a Service Provider and, except for emergency phone support and other resources and support specifically described in the Go-Doggies.com Service, does not provide pet care services. We make no representations or warranties about the quality of grooming, boarding, pet sitting, dog walking, house sitting, transportation, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Go-Doggies.com does not employ, recommend or endorse Service Providers or Pet Owners, and we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We conduct an initial review of Service Provider applications but, except where explicitly specified in the Go-Doggies.com Service (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing services, or otherwise interacting with users via the Go-Doggies.com Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Go-Doggies.com Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
2.3 Release. 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 Service 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.
2.4 Transactions are between Pet Owners and Service Providers. The Go-Doggies.com Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Go-Doggies.com Service are between Pet Owners and Service Providers. Except for the limited refunds of Go-Doggies.com’s fees described in Section 9.5 and the “Reservation Guarantee” specified in Section 9.5, you agree that Go-Doggies.com has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Go-Doggies.com Service.
2.5 Bookings. Pet Owners and Service Providers transact with each other on the Go-Doggies.com Service when the Pet Owners send booking requests and the Service Providers accepts them which specifies the estimated fees, time, cancellation policy, and other terms for provision of Pet Care Services (a “Booking”). Service Providers may add services and fees prior or during the Pet Care Services according to the condition of Pet Owners’ pets and confirm with Pet Owners. Once you complete a Booking, you agree to honor the final price and other terms of that Booking. For more information about Bookings, please visit https://www.go-doggies.com/dogcare/how_it_works
2.6 Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Go-Doggies.com performs a limited review of applications to become Service Providers, any such screening is limited, and Go-Doggies.com does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Go-Doggies.com does not endorse reviews of Service Providers by other Pet Owners that may be available via the Go-Doggies.com Service, and Go-Doggies.com makes no commitments that such reviews are accurate or legitimate.
2.7 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet within three (3) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that the Service Provider may, in his or her sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse the Service Provider for all costs and expenses associated with such actions. Further, the Service Provider expressly reserves the right, in his or her sole discretion, to remove a Pet Owner’s pet from his or her care should the Service Provider deem it necessary for the safety of a pet, or any persons. Prior to removing a pet from the care of a Service Provider, Go-Doggies.com and the Service Provider will use reasonable efforts during Go-Doggies.com and Service Provider’s normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Go-Doggies.com or the Service Provier not be able to contact the Pet Owner or the emergency contact, the Service Provider will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Go-Doggies.com and the Service Provider in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Go-Doggies.com and the Service Provider in connection with such transfer, including any additional charges for new Bookings.
2.8 Emergencies. We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if contact information for the Pet Owner is not available, to contact Go-Doggies.com by phone at 626-268-7878 or at firstname.lastname@example.org. If you are a Pet Owner, you hereby authorize your Service Provider and Go-Doggies.com to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Go-Doggies.com and the Service Provider. Pet Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Go-Doggies.com to charge your credit card or other payment method for such costs.
3. Eligibility. By accessing and using the Go-Doggies.com Service, you certify that (1) you are 18 years of age or older, and (2) if registering to be a Service Provider, you are legally eligible to work or operate a business in the jurisdiction where you will provide Pet Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, insurance, permits, and fulfilled any other necessary requirements to legally provide Pet Care Services. You acknowledge that Go-Doggies.com is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
4. Use of the Go-Doggies.com Service; Suspension.
4.1 Your Conduct on the Go-Doggies.com Service. When you use the Go-Doggies.com Service, you agree:
- To use the Go-Doggies.com Service only in a lawful manner and only for its intended purposes.
- Not to use the Go-Doggies.com Service to arrange for the care of exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock, or any animal with a history of attacks on pets or people.
- Not to submit viruses or other malicious code to or through the Go-Doggies.com Service.
- Not to use the Go-Doggies.com Service, or engage with other users of the Go-Doggies.com Service, for purposes that violate the law.
- Not to use the Go-Doggies.com Service to arrange for the provision and purchase of services with another user, then complete transactions for those services offline unless the user is referred by the Service Provider in Go-Doggies.com’s record.
- Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the Go-Doggies.com Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the Go-Doggies.com Service by any other person.
- Not to provide false information in your profile on, or registration for, the Go-Doggies.com Service.
- Not to interfere with our provision of, or any other user’s use of, the Go-Doggies.com Service.
- Not to solicit another user’s username and password for the Go-Doggies.com Service.
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Go-Doggies.com Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the Site or Go-Doggies.com Service is inappropriate or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Go-Doggies.com Service in our sole discretion.
5. Registration; Account Security. In order to use some aspects of the Go-Doggies.com Service, you will be required to create a username, password, and user profile. If you elect to use the Go-Doggies.com Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account. You are responsible for maintaining the confidentiality of your username and password for the Go-Doggies.com Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
7. Your Content.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Go-Doggies.com Service or otherwise in connection with using the Go-Doggies.com Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Go-Doggies.com and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Go-Doggies.com Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Go-Doggies.com Service, whether before or after termination of your account for the Go-Doggies.com Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Go-Doggies.com Service at any time.
8. Location Information; Consent to Communications.The Go-Doggies.com Service’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow users to determine which other users are nearby. We may also use this location information to provide information and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS IN OUR MOBILE APPLICATION AND/OR ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. Certain aspects of the Service may not function without the collection of geolocation information.You consent to Go-Doggies.com communicating with you about the Go-Doggies.com Service by SMS, text message, email and other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications. In the event you deactivate a mobile phone number provided to us for this purpose, you agree to update your Go-Doggies account information promptly to ensure that messages are not sent to the person who acquires your old number.
9. Fees & Payment.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Go-Doggies.com Service are listed and payable in USD.
9.2 Fees for Pet Owners. Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Pet Owner, you enter into a transaction with the Service Provider when the Service Provider accepts your booking request. Except where otherwise specifically indicated on the Go-Doggies.com Service, fees for Pet Care Services are determined by Service Providers. As described in Section 9.3, the total amount Pet Owners are charged for a Booking may also include a service fee payable to Go-Doggies.com. Where required by law, the amount charged may also be inclusive of applicable taxes. The Service Provider, not Go-Doggies.com, is responsible for performing the Pet Care Services.
9.3 Fees for Service Providers. Service Providers may agree to provide Pet Care Services to a Pet Owner by accepting a booking request as described in Section 2.5. If you are a Service Provider, you must accept the Booking within 24 hours or at least one (1) hour before the service time (whichever is sooner) or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. Go-Doggies.com’s role is to facilitate payments from Pet Owners to Service Providers as an agent for the Service Provider. We authorize a charge with the amount indicated in the accepted Booking to the Pet Owner’s payment method at check-in, and collet payment with the amount indicated in the completed Booking. 48 hours after completion of the service, we remit payment to the Service Provider’s account on the Go-Doggies.com Service. Service Providers are charged a service fee as described in Section 9.4, which we deduct before remitting payment to Service Providers.
9.4 Service Fees. We charge service fees for some aspects of the Go-Doggies.com Service. If you are a Service Provider, except where otherwise specified via the Go-Doggies.com Service, our service fee is calculated as a percentage of the fees indicated in a completed Booking. We deduct this service fee from the amounts paid by the Pet Owner. Our service fee is 10% of a completed Booking.
9.5 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet within one (1) hour after the completion of a booking, you will be charged a late pick up fee by Service Providers according to their daycare or boarding rate. In addition, you agree to indemnify Go-Doggies.com from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet after the completion of a Booking.
9.6 Cancellations and Refunds.
- Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care Services not provided, as well as any service charge paid to Go-Doggies.com. Service Provider cancellations are taken seriously. If you are a Service Provider, you acknowledge that cancellation by you may result in a review of your account and, if we deem it appropriate, suspension or termination of your access to the Go-Doggies.com Service.
- Reservation Guarantee. As more fully described on Go-Doggies.com’s Reservation Guarantee page, Go-Doggies.com uses all reasonable efforts to find replacement Service Providers when Service Providers cancel Bookings near the booking date. The availability of the Reservation Guarantee depends on the timing of the cancellation and the type of Pet Care Services provided; consult the Reservation Guarantee page for details. Generally, if the Reservation Guarantee applies and a Pet Owner accepts a new Booking with a replacement Service Provider, Go-Doggies.com will (with the limited exceptions described below) pay the cost difference between the original Booking and the new Booking, up to but not exceeding 15% of the total cost of the original Booking. However, if a Booking is cancelled by a Service Provider due to the Pet Owner’s failure to provide accurate or complete information regarding the pet or due to the pet’s aggressive behavior, the Pet Owner is responsible for the full cost of any new reservation.
- Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the Go-Doggies.com Service. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Pet Owners are aware of the cancellation policy prior to Booking.
- Refunds for Substandard Services. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services in accordance with our guidelines and policies on the Site or these terms then we may, in our reasonable discretion, cancel a Booking and issue a full or partial refund to a Pet Owner.
- General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Go-Doggies.com Service to do so. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date a user cancels through the Go-Doggies.com Service, regardless of any separate communications between users outside of the Go-Doggies.com Service.
- Payment Disputes; Payment Outside of the Go-Doggies.com Service. Go-Doggies.com issues payments to Service Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and Go-Doggies.com has no obligation to mediate or facilitate any resolution. Further, Go-Doggies.com has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Go-Doggies.com Service.
9.7 Payment Holds. If you are a Service Provider, we may issue a hold on amounts otherwise payable to you pursuant to Section 9.3. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
9.8 Authorization to Charge. When you pay for Pet Care Services or for other services on the Go-Doggies.com Service, you will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for fees you incur on the Go-Doggies.com Service as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Go-Doggies.com nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Go-Doggies.com Service are non-refundable once paid.
9.9 Taxes. Except for taxes on Go-Doggies.com’s income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Go-Doggies.com Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Go-Doggies.com Service.
10. Copyright Infringement.
If you believe in good faith that your copyrighted work has been infringed by content posted on the Go-Doggies.com Service, please provide our designated copyright agent with a written notice that includes all of the following information:
- A description of the copyrighted work you believe to have been infringed;
- A description of the URL or other location on our Site of the material you believe to be infringing;
- Your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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.
- Our designated agent for notice of copyright infringement can be reached at: Go-Doggies LLC
Attention: Copyright Notice
200 S Garfield Ave #300A, Alhambra, CA 91801
11. Third Party Services, Links. The Go-Doggies.com Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GO-DOGGIES.COM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Go-Doggies.com Service; (2) breach of these Terms; (3) disputes with other users of the Go-Doggies.com Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; or (6) Your Content. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
13. Intellectual Property.
13.1 Go-Doggies.com Service. Go-Doggies.com and its licensors retain all right, title and interest in and to the Go-Doggies.com Service, the technology and software used to provide it, all electronic documentation and content available through the Go-Doggies.com Service (other than Your Content), and all intellectual property and proprietary rights in the Go-Doggies.com Service and such technology, software, documentation and content. Except for your rights to access and use the Go-Doggies.com Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Go-Doggies.com Service any feedback or suggestions for enhancement that you provide to us concerning the Go-Doggies.com Service, without any obligation of compensation.
13.2 Go-Doggies Trademarks. Go-Doggies.com owns all rights in and to its trademarks, service marks, brand names and logos (the “Go-Doggies Marks”). If you are a Service Provider, Go-Doggies grants you, for so long as you are in good standing on the Go-Doggies.com Service, a limited, revocable, non-exclusive, non-transferable license to use the Go-Doggies Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase via the Go-Doggies Store and/or (2) in any other manner specifically authorized in writing via the Go-Doggies.com Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Go-Doggies Marks inures solely to the benefit of Go-Doggies.com, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Go-Doggies suspends or terminates your rights to use the Go-Doggies.com Service.
14. Warranty Disclaimer for the Go-Doggies.com Service. The information and materials found on the Go-Doggies.com Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Go-Doggies.com Service, but not directly by Go-Doggies.com, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GO-DOGGIES.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE GO-DOGGIES.COM SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GO-DOGGIES.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE GO-DOGGIES.COM SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GO-DOGGIES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE GO-DOGGIES.COM SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS PET CARE SERVICES VIA THE GO-DOGGIES.COM SERVICE.
15. Limitation of Liability
15.1 Exclusion of Certain Types of Damages. In no event will Go-Doggies.com be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Go-Doggies.com Service, including without limitation damages related to any information received from the Go-Doggies.com Service, removal of your profile information or review (or other content) from the Go-Doggies.com Service, any suspension or termination of your access to the Go-Doggies.com Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Go-Doggies.com Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.2 Limit on Our Liability to You. EXCEPT FOR THE REFUND AMOUNTS PAYABLE BY GO-DOGGIES.COM THAT ARE SET FORTH IN SECTION 9, IN NO EVENT WILL GO-DOGGIES.COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE GO-DOGGIES.COM SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO GO-DOGGIES.COM (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS VIA THE GO-DOGGIES.COM SERVICE) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID GO-DOGGIES.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00.
15.3 No Liability for non-Go-Doggies.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GO-DOGGIES.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE GO-DOGGIES.COM 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 GO-DOGGIES.COM SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE GO-DOGGIES.COM 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.
16. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GO-DOGGIES.COM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
16.1 Arbitration Agreement; Claims. This Section 16 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 16.9 below, you and Go-Doggies.com (together, the “Parties”) agree that any and all disputes or claims that arise between you and Go-Doggies.com relating to the Go-Doggies.com Service, interactions with others on the Go-Doggies.com Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
16.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 16.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
16.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND GO-DOGGIES.COM AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 16.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GO-DOGGIES.COM AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GO-DOGGIES.COM USERS.
16.4 Pre-Arbitration 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 legal@Go-Doggies.com or by mail at Go-Doggies LLC, Attn: Legal, 200 S Garfield Ave #300A, Alhambra, CA 91801. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
16.5 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 15. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Go-Doggies.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Go-Doggies.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Go-Doggies.com, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Go-Doggies.com users, but is bound by rulings in prior arbitrations involving the same Go-Doggies.com user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
16.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Go-Doggies, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Go-Doggies.com will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Go-Doggies.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. 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 Go-Doggies.com for all fees associated with the arbitration paid by Go-Doggies.com on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
16.7 Confidentiality. 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.
16.8 Severability. If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable.
16.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 16.9. For new Go-Doggies.com users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current Go-Doggies.com user and previously accepted the Go-Doggies.com Terms, the Opt-Out Notice must be postmarked no later than July 16, 2017. You must mail the Opt-Out Notice to Go-Doggies LLC, Attn: Legal, 200 S Garfield Ave #300A, Alhambra, CA 91801. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Go-Doggies.com Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 17.
16.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Go-Doggies.com prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Go-Doggies.com prior to the effective date of removal.
17. Governing Law and Jurisdiction. These Terms, and any dispute between you and Go-Doggies.com, will be governed by the laws of the State of California, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 16 (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 Go-Doggies.com must be resolved exclusively by a state or federal court located in the State of California. You and Go-Doggies.com agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
18. Miscellaneous. Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If you have any questions about anything in these Terms, please contact us via email at legal@Go-Doggies.com or by mail at Go-Doggies LLC, Attn: Legal, 200 S Garfield Ave #300A, Alhambra, CA 91801