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Dog Sitting Swap

Terms of service 

Pawrents LLC

Terms of Service

Last modified 10 July 2023

These Terms of Service (the "Terms") constitute a legally binding agreement between you and Pawrents, LLC ("Pawrents," "we," "us," "our") governing your use of the Pawrents website(s), including www.Pawrents.info (the "Sites") and mobile application(s) (the "Apps") (together "Platform") and related products and services and other online or offline communications (collectively referred to as the "Services").

 

The use of all personal data you submit while using our Services or which we collect about you is governed by our Privacy Policy ("Privacy Policy"). A copy of our Privacy Policy is available. You acknowledge that by using our Services you have reviewed these Terms and the Privacy Policy (together, the "Agreement").

 

1. General: You are permitted to use the Platform only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Platform in any medium without Company’s prior written authorization except as permitted through the Platform’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Platform; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Platform is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

 

Your consent at registration and continued use of our Services constitutes your acceptance of and agreement to all of the terms and conditions in these Terms, the Privacy Policy, as well as any future amendments and additions to this Agreement as we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using our Services.

 

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. As used in these Terms of Service, “User(s)” refers to any individual using the Platform, “Host(s)” refers to any individual using the Platform to find and host a guest pet, and “Guest(s)” refers to any individual using the Platform to find Hosts for their dogs.

 

2. Overview of our Services

 

Pawrents is a platform that connects pet parents and allows members of our community to both host and have their dogs hosted by other members for pet sitting.

 

Pawrents does not provide any pet care services. We make no representations or warranties about the quality of pet boarding, pet sitting, pet walking, house sitting, transportation, or other services provided by Hosts, or about your interactions and dealings with users. Though we provide general guidance on our Platform to Users about safety and pet care and to about selecting a Host or Guest, Pawrents does not employ, recommend or endorse Guests or Hosts, and we will not be responsible or liable for the performance or conduct of any User, whether online or offline. Using the Platform often involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. You should use common sense and good judgment when interacting with others. Pawrents is not responsible for interactions which occur between Users or their pets, whether in person, through the Platform, offline, or online.

 

USERS HEREBY ACKNOWLEDGE THAT PAWRENTS DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR HOSTS OR GUESTS AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE PET SITTING IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

 

Any reference on our Services to a user being rated, licensed or credentialed in some manner, or "background checked," "vetted," or similar language designations indicates only that the user has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Pawrents of such Pet Sitter's skills or qualifications or whether they are licensed, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for other users to evaluate when they make their own decisions about the identity.

Pawrents is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Pet Sitting, pet boarding, pet walking, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Pawrents makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Pet Sitting requested or services provided by, or the communications of or between, Users identified through our Services, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

 

Pawrents reserves the right to rank Users in any search queries at its sole discretion. Pawrents may use a variety of factors to determine how to rank Users as Pawrents may in its sole discretion deem relevant.

 

3. Account Information and Security

 

When you register, you provide us with some basic information, such as a phone number or email address. Keep your email address and other account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.

 

 

4. Vetting of Users

User Background Checks

 

Users may be subject to a review process before they can register for and during their use of our Services, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third-party services as appropriate ("Background Checks"). Although Pawrents may perform, or cause to be performed, Background Checks, Pawrents cannot confirm that each User is who they claim to be, and Pawrents cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

 

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don't know. Pawrents will not be liable for any false or misleading statements made by Users of our Services.

 

You will promptly disclose to Pawrents in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of our Services. Pawrents recommends that all users use common sense judgment and precautions when interacting with users, just like you would in interaction with any other individual whom you don’t know. It is strongly recommended that all Hosts schedule a “Meet-n-Greet” with all pets and pet owners before providing pet boarding or other pet related services to mitigate as many risks as possible. Users are encouraged to report any fake profiles, suspicious activity, and/or unsafe behavior when interacting with another member or pet on the Platform to us.

 

Pawrents cannot guarantee the accuracy or the identity of any User, Host, Guest, or anyone who uses the Platform. Accordingly, Pawrents cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Platform, nor for the conduct of anyone who uses the Platform.

 

NEITHER PAWRENTS, NOR ANY OF ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE PAWRENTS AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR SERVICES.

 

 

EACH HOST IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PET BOARDING SERVICES OR OTHER HOST-PROVIDED SERVICES AND PAWRENTS ASSUMES NO RESPONSIBILITY FOR A HOST’S FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES, OR REGULATIONS.

 

 

5. During a Pet Stay

 

Failure to Retrieve Pet

If you, as a Guest, make a booking of pet related services and fail to retrieve your pet within seven (7) days (or the time period set forth in the applicable jurisdiction's animal abandonment or cruelty laws, if earlier) after the end date of your reservation, you agree that the Host may (but has no obligation to), in its sole discretion, place your pet in foster care or shelter and notify the authorities. You agree that you will be responsible for and will reimburse the Host or Pawrents all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.

 

 

Emergency Medical Situations Involving a Guest’s Pet

 

Guests should ensure that the Host is provided with contact information to reach the Guest in the event an emergency medical situation arises involving Guest’s pet. Guests and Hosts acknowledge and agree that, to the extent any situation arises where the Guest’s pet is required to receive emergency veterinary care while in the care or custody of the Host, the Host shall make reasonable efforts to contact the Guest to notify the Guest of the situation. If the Guest or the Guest’s emergency contact cannot be reached following reasonable efforts, Guest authorizes Host to authorize care on his/her behalf in order to promptly treat Guest’s pet. Guests acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Guest.

 

 

Flea/Tick Situations Involving a Guest’s Pet

 

It is every Host’s and Guest’s responsibility to have his/her pets up to date on a form of flea and tick control. Both Guests and Hosts acknowledge and agree that, to the extent any situation arises where either the Host’s or the Guest’s pet introduces fleas/ticks, the guardian of said pet shall be held responsible for all costs associated with fleas and/or flea/tick prevention. It is the responsibility of all Guests to disclose any knowledge of flea/tick issues associated with their pets to all Hosts before any service is rendered.

 

 

Alternative Accommodation

 

Hosts expressly reserves the right, in their sole discretion, to remove a Guest’s pet from a Guest’s home should a Host deem it necessary for the safety of the Host or any persons living with the Host or the Host’s or the Guest’s pet. In the event that the Host must relocate the Guest’s pet, Host shall make reasonable efforts to contact the Guest and/or the Guest’s Emergency Contact to arrange alternative care. Should the Host not be able to contact the Guest or the Guest’s Emergency Contact, Host will use his or her best judgment to find adequate care until the Member is able to retrieve its pet. The Guest is responsible for any additional charges incurred as a result of alternative accommodation.

 

 

Emergency Contact

 

Guests acknowledge and agree to provide Hosts with emergency contact information and that Hosts shall make reasonable efforts to contact the Guest in the event a situation arises that requires or may require Guest’s consent. In the event Host cannot reach the Guest after reasonable efforts, Guest’s provided Emergency Contact(s) is authorized to act on behalf of the guest pet. It is the Guest’s responsibility to ensure the emergency contact information is current and that the contact is aware of his or her responsibility to act on behalf of the Guest.

 

 

6. Membership Fees

 

If you sign up for a Pawrents paid membership subscription, you agree to pay Pawrents all subscription charges associated with the plan you subscribe to as described on the Platform at the time you subscribe and provide your payment information. You also authorize Pawrents, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. Pawrents reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

PAWRENTS PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.

You may cancel your paid membership subscription at any time by following the instructions on your account settings page or contacting Pawrents at hello@Pawrents.info. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.

30 Day Money Back Guarantee: When you pay for a annPremium membership, you may request a refund within 30 days by emailing hello@Pawrents.info. We may deny your request for a refund if:

 

- You have exchanged, given, or received contact details for another User, either via the Platform or subsequent to exchanged messages on the Platform.

 

- Your membership is a renewed, or for some other reason, it is not the first time you have subscribed to Pawrents (regardless of the email address used for registration purposes).

 

- You have violated these Terms and Conditions.

 

Except as set forth in these Terms of Service or as described on the Platform at the time you make a purchase, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations.

 

7. Public Areas; Acceptable Use

Our Services may contain profiles, email systems, blogs, message boards, reviews, ratings, postings, chat areas, messaging between Users, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with, or view content posted by, other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of our Services, you should not share your personal contact information with other Users. Public Areas are not private, and by sharing a photo or video in a Public Area, including messaging between Users, you grant Pawrents an irrevocable license to use the image or video at our discretion, including for advertising or marketing.

 

Without limitation, our Services may not be used for any of the following purposes:

 

 To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Pawrents staff;

 To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;

 To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Pawrents;

 To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Pawrents or its Users' computers;

 To advertise or offer to sell any goods or services for any commercial purpose through our Services which are not relevant to our Services;

To conduct or forward surveys, contests, pyramid schemes, or chain letters;

 To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;

 

While using our Services, you may not:

 

 Use our Services for any unauthorized or illegal purpose, including but not limited to posting or performing Pawrents Sitting in violation of local, state, provincial, national, or international law;

 Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;

Message repeatedly about the same Pet Sitting request ("Spamming");

 Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through our Services;

Restrict or inhibit any other User from using and enjoying the Public Areas;

 Imply or state that any statements you make (whether on or off our Services) are endorsed by Pawrents, without the prior written consent of Pawrents;

 Use a robot, spider, manual, meta tag, "hidden text," agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index our Services, or the electronic addresses or personal information of others, in any manner;

Frame or utilize framing techniques to enclose our Services or any portion thereof;

Hack or interfere with our Services, its servers or any connected networks;

 Adapt, alter, license, sublicense or translate our Services for your own personal or commercial use;

 Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Pawrents and Affiliates;

 Upload content to our Services that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;

 Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;

 Use our Services to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of our Services as set forth herein;

 Use our Services to collect usernames, email addresses, or other personal information of Users by electronic or other means;

Use our Services in violation of this Agreement;

 Use our Services in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Pawrents's trade secret information for public disclosure or other purposes;

 Attempt to circumvent the payments system or Service Charges in any way including, but not limited to, making or processing payments outside of our Services, providing inaccurate information on service confirmations, or otherwise invoicing in a fraudulent manner;

 Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;

Cause any third party to engage in the restricted activities above; or

Use tools with the goal of masking your IP address (like the TOR network).

 

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Pawrents will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

 

8. Deactivation and Suspension

Pawrents may terminate the Agreement with any User for any reason (or no reason) in Pawrents's sole discretion, including but not limited to failure to comply with any part of the Agreement and/or any binding policy or terms referenced herein.

 

Pawrents may suspend your right to use our Services pending its investigation of a potential breach by you of this Agreement. Pawrents may deactivate your account or limit your use of our Services upon its determination that you breached a provision of this Agreement (a "User Breach"). Pawrents will provide you with written notice of its determination. If you wish to appeal this determination, please contact hello@Pawrents.info within 14 days of receipt of such notice with the grounds for your appeal.

 

If Pawrents suspends or deactivates your account or limits your use of our Services pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business 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.

 

Even after your right to use our Services is suspended, terminated or limited, this Agreement will remain enforceable against you. Pawrents reserves the right to take appropriate legal action pursuant to the Agreement.

 

Pawrents reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our Services at its sole discretion. Pawrents will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Pawrents shall not be liable to you for any modification or discontinuance of all or any portion of our Services. Pawrents has the right to restrict anyone from completing registration as a Pawrents Sitter if such person may threaten the safety and integrity of our Services, or if such restriction is necessary to address any other reasonable business concern.

 

You may terminate this Agreement at any time by ceasing all use of our Services and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of our Services.

 

9. Account, Security, and Telephone Communications

You must register with Pawrents and create an account to use our Services. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, and account number provided by you or given to you by Pawrents for accessing our Services. You are solely and fully responsible for all activities that occur under your account, even if not authorized by you. Pawrents has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify Pawrents immediately.

 

You acknowledge that telephone calls to or from Pawrents, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

 

You verify that any contact information provided to Pawrents, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Pawrents before the change goes into effect by updating your account.

 

You may at your option, elect to receive SMS notifications from Pawrents. You expressly authorize Pawrents to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt In. You also authorize Pawrents to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of use of the Services.

 

You consent to the use of an electronic record to document your Opt In.

 

You confirm that you are the current subscriber to the Opted In mobile phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration, or other purposes. To withdraw your consent, contact us via the methods described in the Contact Us section of the Terms of Service, or on the Platform or by following any unsubscribe instructions provided to you in those communications. If you withdraw your consent, certain features of our Services may not be available to you.

 

10. User Generated Content

"User Generated Content" is defined as any information and materials you provide to Pawrents, its corporate partners, or other Users in connection with your registration for and use of our Services and participation in Pawrents promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Pawrents is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Pawrents has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement and to use User Generated Content in its Services, including for marketing or advertising as further described below.

 

You hereby represent and warrant to Pawrents that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party's privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the jurisdiction where the Pawrents Sitting is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child sexual abuse material) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Pawrents or otherwise purport to act as a representative or agent of Pawrents; and (i) will not create liability for Pawrents or cause Pawrents to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

 

Our Services hosts User Generated Content relating to reviews and ratings of specific Users ("Feedback"). Feedback is such User's opinion and not the opinion of Pawrents, and has not been verified or approved by Pawrents. You agree that Pawrents is not responsible or liable for any Feedback or other User Generated Content. Pawrents encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Pawrents is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users' expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting hello@Pawrents.info. Each Client should undertake their own research to be satisfied that a specific User has the right qualifications for a particular Pawrents Sitting assignment.

 

Pawrents respects the personal and other rights of others, and expects Users to do the same. Pawrents is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

 

If a User believes, in good faith, that any User Generated Content provided on or in connection with our Services is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Pawrents. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child sexual abuse material, the User must notify Pawrents. Such notification can be made at hello@pawrents.info or 548 Market St PMB 426938, San Francisco, CA94104

 

By posting User Generated Content, Users give Pawrents a perpetual, assignable, sublicensable, unrestricted, irrevocable, and unlimited license to use, publish, copy, create derivative works from, or otherwise exploit such User Generated Content to improve and maintain its services, for marketing purposes including in advertising materials, whether posted on the Pawrents website or on other websites or media. Users agree that User Generated Content shall in no case constitute User confidential information. Notwithstanding the foregoing, Users may delete or revise any previously posted User Generated Content. In such cases, Pawrents shall have no obligation to remove any marketing material or publication which includes such User Generated Content but shall only refrain from making further uses thereof.

 

11. Links to Third-Party Websites

(a) General Disclaimer

 

Our Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Pawrents or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by our Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Pawrents does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Pawrents is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Pawrents has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on our Services at its sole discretion.

 

The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Pawrents expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on our Services. You hereby agree to hold Pawrents harmless from any liability that may result from the use of links that may appear on our Services.

 

As part of the functionality of our Services, you may link your account with online accounts you may have with third party social networking service providers (such as Apple or Google) (each such account, a "Third-Party Account") by either: (i) providing your Third-Party Account login information through our Services; or (ii) allowing Pawrents to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Pawrents and/or grant Pawrents access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Pawrents to pay any fees or making Pawrents subject to any usage limitations imposed by such third-party service providers. By granting Pawrents access to any Third-Party Accounts, you understand that (i) Pawrents may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account (the "SNS Content") so that it is available on and through our Services via your Pawrents account, including without limitation any friend lists, and (ii) Pawrents may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all SNS Content shall constitute User Generated Content. 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 or personal data that you post to your Third-Party Accounts may be available on and through your account on our Services. Please note that if a Third-Party Account or associated service becomes unavailable or Pawrents's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through our Services. You will have the ability to disable the connection between your account on our Services and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. 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. Pawrents makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Pawrents is not responsible for any SNS Content.

 

12. Pawrents Operates as an Online Marketplace

Pawrents operates as an online marketplace that connects Hosts and Guests, who wish to perform a variety of Pet Sitting. Pawrents does not perform Pet Sitting and does not employ people to perform Pet Sitting. Pawrents does not control or direct the Pet Sitters' performance of their services or set their work locations or work hours. Pet Sitters provide their own tools and supplies to perform their services; Pawrents does not provide the tools or supplies.

 

Our Services are not an employment agency service or business and Pawrents is not an employer of any User

Notwithstanding anything to the contrary in this Section 12 of the Terms, Pet Sitters hereby acknowledge that, as an online marketplace, Pawrents derives value from its client information, which is its Proprietary Material (as defined below). Accordingly, Pet Sitters agree to preserve as confidential all such Proprietary Material and not to use such Proprietary Material of Pawrents other than in accordance with the Terms including without limitation to solicit or influence or attempt to influence any Client to engage with Pet Sitter outside of the Services, or to direct any purchase of services to any person, firm, corporation, institution, or other entity in competition with the business of Pawrents.

 

13. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Pawrents designs, trademarks, client information and logos (collectively "Proprietary Material") that Users see or read through our Services is owned by Pawrents, excluding User Generated Content, which Users hereby grant Pawrents a license to use as set forth above in Section 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Pawrents owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from our Services without Pawrents's express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

 

The service marks and trademarks of Pawrents and associated logos are service marks owned by Pawrents. Any other trademarks, service marks, logos and/or trade names appearing via our Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

 

14. Copyright Complaints and Copyright Agent

Pawrents respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with our Services infringe upon your copyright or other intellectual property right, please send the following information to Pawrents's Copyright Agent at: Pawrents LLC., 548 Market St PMB 426938, San Francisco, CA 94104 or hello@Pawrents.info:

 

 A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on our Services where the material you claim is infringed is visible. Include enough information to allow Pawrents to locate the material, and explain why you think an infringement has taken place;

 A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

Your name, address, telephone number, and e-mail address;

 A statement by you 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, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

 Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Pawrents and agree that you will not, for the lifetime of your account on Pawrents plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of our Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Pawrents in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Pawrents promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

 

The term "Confidential Information" shall mean any and all of Pawrents's trade secrets, confidential and proprietary information, and all other information and data of Pawrents that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Pawrents or Pawrents's business, operations or properties, including information about Pawrents's staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

16. Disclaimer of Warranties

(a) Use Of Our Services Is Entirely At Your Own Risk

 

THE TECHNOLOGY OF OUR SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. PAWRENTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH OUR SERVICES OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

 

Pawrents does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through our Services or any hyperlinked website or featured in any banner or other advertising, and Pawrents will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and 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. Without limiting the foregoing, Pawrents and Affiliates do not warrant that access to our Services will be uninterrupted or that our Services will be error-free; nor do they make any warranty as to the results that may be obtained from the use of our Services, or as to the timeliness, accuracy, reliability, completeness or content of any Pet Sitting, service, information or materials provided through or in connection with the use of our Services. Pawrents and Affiliates are not responsible for the conduct, whether online or offline, of any User. Pawrents and Affiliates do not warrant that our Services are free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Pawrents and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

 

Notwithstanding any feature a Client may use to expedite Pawrents selection, each Client is responsible for selecting their Pet Sitter and Pawrents does not warrant any goods or services purchased by a Client and does not recommend any particular Pet Sitter. Pawrents does not provide any warranties or guarantees regarding any Pet Sitter's ability, professional accreditation, registration or license.

 

(b) No Liability

 

You acknowledge and agree that Pawrents is only willing to provide our Services if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Pawrents and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys' fees and costs (collectively, "Liabilities") that have arisen or may arise, relating to your or any other party's use of or inability to use our Services, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Pawrents and Affiliates, and any destruction of your User Generated Content.

 

UNDER NO CIRCUMSTANCES WILL PAWRENTS AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE PAWRENTS AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY PAWRENTS, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES OR RELATED PET SITTING SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

 

PAWRENTS AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PAWRENTS PLATFORM. PAWRENTS AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA OUR SERVICES.

 

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PAWRENTS AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO PAWRENTS (IF YOU ARE A CLIENT) OR TOTAL PET SITTING FEES ACCRUED TO YOU BY CLIENTS (IF YOU ARE A PET SITTER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

17. Indemnification

You hereby agree to indemnify, defend, and hold harmless Pawrents and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, our Services; (ii) your participation in Pet Sitting, or your ability or inability to perform or obtain the performance of Pet Sitting or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to our Services, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client's Agents. Pawrents reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Pawrents.

 

18. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of our Services, your relationship with Pawrents, Pet Sitting, or this Agreement (including previous versions), ("Dispute"), you and Pawrents agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating arbitration. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Pawrents. Pawrents's address for such notice is Pawrents LLC., Attention: Legal, 548 Market St PMB 426938, San Francisco, CA 94104. Please also email us at hello@pawrents.info You agree to use the Platform as your sole means of communicating with other Users and authorize Pawrents to review any such communications in connection with any claim brought by or against you. You acknowledge and agree that by opting to use means of communication other than the Platform, you may be ineligible for relief from Pawrents in connection with an incident related to the Services.

 

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW SECTION 27 BELOW. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER.

 

19. App Store Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"):

 

You acknowledge and agree that (i) the Agreement is entered into between you and Pawrents only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Pawrents, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

 

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Pawrents and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pawrents, subject at all times to warranty limitations and exclusions set forth in this Agreement. You and Pawrents acknowledge that, as between Pawrents and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

You and Pawrents acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Pawrents and Apple, Pawrents (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

 

You and Pawrents acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

 

Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

20. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

 

21. General Provisions

Failure by Pawrents to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Pawrents with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 27. However, this Agreement does not supersede other agreements about other subject matter that you may have with Pawrents. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the "Agreement Prohibiting Class Actions and Non-Individualized Relief" provision in Section 27 below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Pawrents shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Pawrents for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 21 shall be null and void. This Agreement will inure to the benefit of Pawrents, its successors and assigns.

 

22. Licensing

Pet Sitters alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Pet Sitting. Indeed, certain types of Pet Sitting and services may be prohibited altogether, and it is the responsibility of Pet Sitters to avoid such prohibited Pet Sitting and services. Penalties may include fines or other law enforcement. If you have questions about how national, state, and local laws apply to your Pet Sitting and services on our Services, you should first seek appropriate legal guidance.

 

Because Pawrents does not supervise, scope, direct, control, or monitor a Pet Sitter's work or performance of Pet Sitting, Clients must determine for themselves whether a Pet Sitter is qualified to perform the specific Pet Sitting at hand. Clients may wish to consult their national, state, or local requirements to determine whether certain Pet Sitting is required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Pet Sitter any specific hazards, obstacles, or impediments in the Pet Sitting location (both visible and concealed) that may impact the performance of the Pet Sitting.

 

23. Changes to this Agreement and our Services

Pawrents reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Harassment Policy) and review, improve, modify or discontinue, temporarily or permanently, our Services or any content or information through our Services at any time, effective with or without prior notice and without any liability to Pawrents. Pawrents will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, our Services. Your continued use of our Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction. Pawrents may also impose limits on certain features or restrict your access to part or all of our Services without notice or liability.

 

24. No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third-party beneficiary rights except as set forth in Section 19) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client's Agent may act in the name of and on behalf of his/her Client.

 

25. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service's tracking information, if sent for next day delivery by a recognized overnight delivery service.

 

If you have any questions about these Terms of Service or about our Services, please contact us by email at hello@pawrents.info or by mail to 548 Market St PMB 426938, San Francisco, CA 94104.

 

26. Consent to Electronic Signatures

By using our Services, you agree to transact electronically through our Services. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

 

27. Dispute Resolution

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND PAWRENTS CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

 

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS OUR SERVICES. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PAWRENTS CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PAWRENTS TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

 

(a) Agreement to Binding Arbitration

 

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND PAWRENTS MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

 

This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act ("FAA") and survives the termination of this Agreement and your relationship with Pawrents.

 

To the fullest extent permitted by applicable law, you and Pawrents agree to arbitrate any and all disputes and claims ("collectively, "Claim" or "Claims") relating to, arising from or regarding your use of our Services, your relationship with Pawrents, Pet Sitting, or this Agreement (including previous versions), including Claims by Pawrents, Claims against Pawrents and Claims against Pawrents's Affiliates (including its parent company).

 

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Pawrents; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Pawrents and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.

 

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Pawrents agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

 

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND PAWRENTS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

 

(b) Prohibition of Class Actions and Non-Individualized Relief

 

Except as otherwise required under applicable law, you and Pawrents agree that any arbitration will be limited to the Claim between Pawrents (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PAWRENTS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING ("Class Action Waiver"). Further, unless both you and Pawrents otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

 

(c) Representative PAGA Waiver

 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Pawrents agree not to bring a representative action on behalf of others under the California Private Attorneys General Act ("PAGA"), California Labor Code 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Pawrents agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "Representative PAGA Waiver").

 

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

 

(d) Rules and Logistics Governing Arbitration

 

In order to initiate arbitration, a claim must be filed with the American Arbitration Association ("AAA") and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the [AAA website](https://www.adr.org) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Pawrents agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

 

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision, which shall explain the award given and the findings and conclusions on which the decision is based.

 

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

 

(i) If Pawrents initiates arbitration under this Arbitration Agreement, Pawrents will pay all AAA filing and arbitration fees;

 

(ii) If a Client or Pet Sitter files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Pawrents will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b));

 

(iii) If a Client or Pet Sitter files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Pawrents shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Pet Sitter shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which the Pet Sitting was performed, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), however, then the allocation of fees will be governed by the applicable AAA Rules;

 

(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys' fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.); and

 

(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules. Unless you and Pawrents agree otherwise, any arbitration hearings with a Pet Sitter will take place in the county of the Pet Sitter's billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Pet Sitting services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

 

(e) Exceptions to Arbitration

 

The Arbitration Agreement shall not require arbitration of the following types of claims:

 

Claims for workers' compensation, disability insurance and unemployment insurance benefits;

 Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;

 Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights;

 Representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 18(d) is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and

 Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

 Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

 

(f) Severability

 

In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

(g) Opt Out of Arbitration Agreement

 

For Pet Sitters, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Pawrents's Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Pawrents.

 

Except as specified in this arbitration agreement, if you are a Pet Sitter, you may opt out of the Arbitration Agreement by notifying Pawrents in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Pawrents LLC., 548 Market St PMB 426938, San Francisco, CA 94104, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.

 

28. Governing Law

Except as expressly provided otherwise, this Agreement and your use of our Services will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

 

29. RELEASE

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE 1542, WHICH READS AS FOLLOWS:

 

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

 

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

 

Further, in consideration of the services provided by Pawrents, you hereby release Pawrents from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

 

Pawrents and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

 

30. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND ANTI-HARASSMENT POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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