Terms of Use

Terms of Use

TERMS OF USE

Last Modified: March 9th, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Skipper Pets, Inc., a Delaware corporation (“Skipper”, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any content, functionality, access to facilities and services offered on or through the Company’s current and future digital properties, including but not limited to the Company’s Website (walkskipper.com, skipperpets.com and skiptownclt.com, collectively the “Websites”), the Company’s mobile application (Skipper Pets, the “App”), and the Company’s social media accounts (collectively, the “Digital Properties”), whether as a guest or a registered user.  The Digital Properties, together with the offered services may be referred to collectively in these Terms of Use as the “Services.”

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by selecting to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found in the Digital Properties [https://walkskipper.com/legal-policies/] incorporated herein by reference. If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Services. 

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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platforms. 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services, so you are aware of any changes, as they are binding on you. 

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.  

All Company trademarks, service marks, trade names, logos, domain names, slogans, marketing materials, and any other features of the Company’s brand (the “Intellectual Property”) are the sole property of the Company.  The Terms of Use do not grant you any right to use any of the Company’s Intellectual Property for commercial or non-commercial use. You are only permitted to use the Intellectual Property in your operations of the Digital Properties.

User Accounts

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. 

User Content

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 promise that, with respect to any User Content you post on the Digital Properties, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by the Company as contemplated by the Terms of Use, does not violate the Terms of Use or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by the Company.

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.

The Company may, but has no obligation to, monitor, review, or edit User Content.  In all cases, the Company reserves the right to remove or disable access to User Content for any or no reason, including User Content that, in the Company’s sole discretion, violates the Terms of Use.  The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.  

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.  

Payment Terms

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.

Where the Company has acknowledged potential liability under the Terms of Use, the Company’s liability shall be capped at the lesser of (1) the fees paid by the Owner to the Company in the immediately preceding six-month period or (2) $500.00.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Company’s Services and Pet Care Services, including, but not limited to, your User Contributions, any use of the Digital Properties’ content, services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Digital Properties, or any injury or loss caused by you or your pets. 

Governing Law and Venue

All matters relating to these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Digital Properties or Facilities shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the city of Charlotte and Mecklenburg County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration Agreement

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

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and Privacy Policy, constitute the sole and entire agreement between you and the Company with respect to all Digital Properties and Facilities and any purchases made by you via the Digital Properties or at a Facility, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same. 

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Digital Properties should be directed to hello@walkskipper.com.