Last Modified: March 9th, 2020
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using any of the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any of the Services.
Use of the Services
The Digital Properties, including their content, are the property of the Company. We grant you a limited, non-exclusive, revocable license to make use of the Services. This license shall remain in effect unless and until terminated by you or the Company. You promise and agree that you are using the Services for your own personal, non-commercial use and that you will not redistribute or transfer the Services, including the contents of the Digital Properties. You also promise and agree that you are not using the Services to create derivative works of the Service or to attempt to commercialize the software infrastructure of the Digital Properties.
Use of the Digital Properties may require you to create an account. Each user is permitted only one account, although accounts may be associated with multiple pets. By adding a pet to your account, you represent and agree that you are the owner or responsible party for that pet (the “Owner”). Sharing accounts among users is not permitted. Owner may invite secondary users to share household account access and information. All users will have separate login credentials. All information will be accessible to all users of the shared account except for individual user login credentials. This does not waive this document for either parties and must be agreed to by any user of our Digital Services, whether sharing accounts or using our Digital Services as individuals.
Each user shall provide accurate information to the Company when creating an account and has an ongoing obligation to ensure that their account information is up to date and accurate. User accounts are password protected, and you are responsible for protecting the security and confidentiality of your account. We encourage you to use a unique and strong password, limit access to your devices, and log out after using the Digital Properties.
The Digital Properties may allow users to post, upload, display, transmit to others, or otherwise contribute content, which may include pictures, text, messages, information, reviews, etc. related to both users and pets (the “User Content”).
You agree to abide by the following standards applicable to User Content. User Content may not:
- Contain or promote any obscene, indecent, profane, vulgar, or offensive words, images, sounds, videos, or other content.
- Contain or promote disparaging or defamatory information or content which tends to harm the reputation of the Company or any other individual, group, or organization.
- Prevent the use of the Digital Properties by other users.
- Disclose personal information of a minor.
- Contain viruses or disruptive files.
- Contain or promote advertising for other businesses, including without limitation competitors of the Company.
You are solely responsible for all User Content that you post. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE COMPANY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Rights You Grant Us
You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., display), publish, translate, modify, create derivative works from, and distribute any of your User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all right, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content.
You also grant the Company the right to photograph pets, home and other private property in the Company’s care, and you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., display), publish, translate, modify, create derivative works from, and distribute any photographs of pets, home and other private property through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created.
The Company’s Pet Care Services
The Company offers pet care services, including on-demand dog walking, boarding, grooming, and related services, to its users through the Digital Properties (the “Pet Care Services”). As set forth in more detail below, Pet Care Services may be provided through Home Access or at a Company Facility.
A. Home Access
The Pet Care Services may include scheduled visits where the Company provides Pet Care Services at Owners’ homes (“Home Access”).
The Company may make available lockboxes for purchase to facilitate Home Access. The Owner is responsible for maintaining any lockbox, including those purchased from the Company, or electronic locks as well as providing the Company with any necessary copies of keys and key fobs. The Owner must ensure that the Company has the Owner’s current alarm system information, if applicable, and the Owner is solely responsible for any fees, penalties, or expenses resulting from the Company’s personnel setting off an alarm system during a visit. The Company will make all reasonable attempts to secure the home at the conclusion of the any Home Access related services, but the Company is not responsible for the proper functioning of any locks, lockboxes or electronic locks. In the event that the Company is unable to lock a lockbox or home at the conclusion of a visit, the Company will attempt to inform the Owner and leave the key at the Owner’s instruction. In the event that the Company misplaces a key or key fob, the Company will promptly notify the Owner and will pay a reasonable fee, not to exceed $200, for replacement.
In connection with Home Access services, the Owner must ensure that the Company has a safe place to park at the time of the visit, and the Owner must inform Skipper in advance if anyone will be in the home at the time of the visit. The Company will not provide any Pet Care Services during a Home Access visit other than to those pets for whom the Owner has purchased Pet Care Services.
You understand and agree that the Company will not be liable for damage to any locks, lockboxes, electronic locks, the home or any private property, including related to a third party gaining access to the home, arising out of the negligence of any of the Company’s personnel. You further agree that you are liable for any damage or injury to Skipper personnel or equipment that occurs during a Home Access visit.
B. Pet Care Facilities
The Company may offer Pet Care Services, including boarding, grooming, and other pet care or facility related services, at a facility operated by the Company (a “Facility”). The Company is not responsible for providing transportation to or from a Facility. The Company strongly recommends that, prior to engaging the Pet Care Services, you consult with a veterinarian to ensure that your pet’s health is conducive to the Pet Care Services. The Company reserves the right to relocate pets at a Facility in the event of an emergency or damage to the Company’s Facility, although the Company will make best efforts to notify an Owner prior to relocating a pet.
The provision of Pet Care Services at a Facility is on a first-come, first-served basis. The Company does not guarantee availability at any Facility. The Company may offer Owners the ability to schedule Pet Care Services at a Facility in advance through the Digital Properties, in which case the Company reserves the right to charge fees for missed visits or late pickup. In the event an Owner fails to retrieve a pet, the Company may report the incident to the relevant authorities, including Animal Control, pursuant to the applicable animal abandonment laws. Owner agrees to reimburse the Company for all costs and expenses associated with such actions.
The Company is not liable for the loss or damage to any pet, personal possessions or property you may bring into a Facility.
C. General Terms
The following terms apply to all of the Company’s Pet Care and Facility Services:
The Company reserves the right to refuse its Pet Care Services to any Owner or pet at any time. Prior to being eligible to receive Pet Care Services, each Owner must complete the Company’s onboarding procedures to the satisfaction of the Company.
You understand that your choice to use the Company’s Pet Care Services is voluntary and that you waive and release the Company from any negligence on the part of the Company, including for injury to you and/or a pet.
By using the Company’s Pet Care Services, each Owner acknowledges the Owner’s responsibility and liability for any injuries and damages caused by your pets to other people, including Skipper personnel, or other pets, including other pets cared for by Skipper or otherwise located in a Skipper Facility. Pet owners using the Company’s Pet Care Services also acknowledge their responsibility and liability for any injuries and damages caused by their pets to Skipper property or the property of third parties.
You are responsible for ensuring that the Company has current, correct, and complete information about each pet for which you are seeking the Company’s Pet Care Services. The Company will typically collect information about each new pet prior to the first provision of Pet Care Services to that pet, and the Company may require different information depending on which of the Pet Care Services an Owner is engaging. The Owner is responsible for providing accurate and complete information to the Company, including but not limited to each pet’s temperament, injury history, prior incidents of biting other people or pets, prior incidents of fighting with or aggression towards other people or pets, dietary requirements and preferences, current vaccination records, and medical requirements. The Company may require the Owner to supply the preceding information through veterinary records. Owner is responsible for ensuring that each pet for which it seeks the Company’s services is current on all vaccinations and regular checkups and represents and warrants that such is the case for each such pet.
The Company will notify the Owner of any health issues with pets that the Company recognizes while providing Pet Care Services. In the event that a pet experiences a medical emergency while the Company is providing Pet Care Services, the Company will contact the Owner and to seek the Owner’s instructions. If the Company is unable to reach the Owner, the Company may transport the pet to the veterinarian designated in the Owner’s account. If the Owner’s account does not identify a veterinarian, or the Owner’s specified veterinarian is too far or otherwise unavailable, the Company may take the pet to the veterinarian of the Company’s choosing. All expenses in the event of a medical emergency are the responsibility of the Owner.
You understand and acknowledge that in the provision of the Company’s Pet Care Services, your pets may be around and in contact with other pets. The Owner understands and agrees that the Company will not be liable for any injuries or illnesses to pets.
The Company’s charges for Pet Care Services are subject to change at any time in the Company’s sole discretion; provided, however, that the Owner will be notified of price increases prior to being charged.
The Company requires valid payment method on file with the account holder in advance of the provision of services provided through the Digital Properties. Cancelations with in 7 days of your appointment may incur fees up to the total cost of your scheduled services. This cancelation policy could change at any time based on but not limited to, facility location, facility type, holiday hours, etc. Pre – purchased services may expire as early as 6 months of purchase and are not entitled to any refund.
When you pay for Pet Care Services, you will be required to provide the Company with a valid credit card or other payment information, and you must maintain that payment information (or an acceptable alternative payment method) on file so long as you have an account. You authorize the Company to charge your credit card or payment method for fees you incur through the Company’s Pet Care Services as they become due and payable, and to charge any alternative payment method the Company has on record in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If the Company cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive payment when due, then you understand that the Company will not be responsible for any failure to provide Pet Care Services associated with those fees. In the event the Company does not receive payments when due, the Company also reserves the right to suspend your account and cancel all future scheduled visits until payment is received. Except as expressly provided, all payments to the Company are non-refundable and non-transferrable once paid.
The Company does not advance or pay any veterinarian or other bills for pets. Any such bill is the sole responsibility of the Owner associated with the pet. The Company will ask you to provide a maximum allowable expense amount for veterinarian bills, which you authorize the Company to pay using the payment method on file in the event of an emergency.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Digital Properties will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE DIGITAL PROPERTIES, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES IS AT YOUR OWN RISK. THE DIGITAL PROPERTIES, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DIGITAL PROPERTIES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DIGITAL PROPERTIES, THEIR CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIGITAL PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Assumption of Risk
You are aware that providing Pet Care Services carries inherent risks of injury or loss to you, to the pets themselves, and to property. You freely assume the above-mentioned risks as well as other risks not listed that are part of the Pet Care Services, Facilities, and/or Digital Properties, and any harm, injury, or loss that may occur to you or your property as a result of your use of the Pet Care Services—including any injury or loss caused by the negligence of the Company and its personnel.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE DIGITAL PROPERTIES OR THE COMPANY’S SERVICES AND FACILITIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Venue
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Agreement provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors, or assigns, which arises out of or relates to your use of the Services or the Pet Care Services, shall be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. Any arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the American Arbitration Association cannot serve as arbitrator, the parties will agree on another arbitrator.
You may get a copy of the arbitration rules by contacting the American Arbitration Association or visiting its website. The arbitration will be held in Mecklenburg County, North Carolina. The arbitrator will decide the substance of all claims in accordance with the laws of the State of North Carolina, including recognized principles of equity, and will honor all claims of privilege recognized by law.
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.
Waiver and Severability
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Digital Properties should be directed to email@example.com.