Updated October 14, 2013
Terms of Service
Welcome to the Web site operated by Pawshake, Inc. ("Pawshake" "we," "us," or "our"). These Terms of Service govern your access to and use of the Pawshake website (collectively, the "Site") and any services (the "Services") offered on the Site. This is a legal agreement between you and Pawshake, Inc. ("Pawshake" "we," "us," or "our").
By using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service ("Terms"), whether or not you become a registered user of the Services.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.
Pawshake has the right to make changes to these Terms at any given time. We will provide existing Users with 14 days' notice. Changes will become effective upon 14 days' notice. We will give notice by posting the new Terms on our Site and/or sending you an email at the address you provided us with. If, for some reason, you do not agree with the change(s), you must stop using our Site and Services as soon as the new Terms become effective. For all others Users (i.e., users who were not members before we posted the new Terms), the new Terms will become effective immediately (i.e., upon our posting the new Terms).
These Terms of Service are organized into the following sections:
1. Key terms
2. Nature of Our Site and Services
4. Use of Site and Compliance
5. User Content and Communication Rules and Guidelines
6. Your User Content and Photos
7. Bookings and Financial Terms
9. Links to Third Party Websites
10. Disclaimers of Warranties
11. Limitation of Liability and Release
13. Termination and Account Cancellation
14. Intellectual Property Rights
15. Employment and Withholding
16. No Agency
17. Governing Law
1. Key Terms
- "CONTENT" means text, images, graphics, data, software, audio, video, information, documents, compilations or other materials.
- "USER CONTENT" content submitted by a User or anyone other than Pawshake including without limitation photographs, text and reviews
- "MEMBER" means a person who completes Pawshake's account registration process and searches for and/or books Host-Provided Services via the Site
- "HOST" means a person who completes Pawshake's account registration process and creates a Listing via the Site
- "USER" means collectively Members and Host
- "LISTING" means a Host-provided service that is listed by a Host via the Site
- "HOST-PROVIDED SERVICES" means services provided by Hosts
- "THIRD PARTY PROVIDERS" mean Pawshake's third party contractors, distributors, agents, merchants or sponsors.
2. Nature of our Site and Services
The Site is an online platform designed to help Pet Owners ("Members") find pet services through online listings offered by others ("Hosts").
Our Site is merely an online venue for users to learn about one another and, if they wish, arrange host -provided services with one another for their pets. We are not involved in the actual face-to-face contact between users. Users arrange for the services solely between themselves, and Pawshake is not a party to any of those arrangements. Pawshake is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users. You understand and agree that Pawshake is not a party to any agreements entered between the users, nor is Pawshake a broker, agent or insurer.
Notwithstanding the above, Pawshake offers a payment policy to safeguard the payments between Members and Hosts.
Pawshake does not screen or verify any content submitted by a User or anyone other than by Pawshake ("User Content"), including but not limited to User Profiles and Reviews. As a result, Pawshake has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site. Pawshake does not have control, supervise or provide equipment to the Hosts, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Hosts.
Pawshake further makes no representations about the Users. You should make your own assessments of the persons you decide to interact with, engage or provide services to. Pawshake has no control over the conduct of users of the site and disclaims all liability in this regard.
Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other. You agree to release Pawshake from any claims or liability that may arise from any disputes between you and other Users.
As a matter of goodwill, however, and to protect the interests our community we have voluntary developed two programs to assist in disputes or claims between Users, both of which are subject to specific conditions: (i) the Satisfaction Money Back Guarantee, and (ii) Pawshake’s Premium Protection, free of charge, for eligible bookings.
We may provide suggested or optional default terms for transactions between Members and Hosts or Hosts, or otherwise between users. To the extent we do, and you or another user utilizes or agrees to such terms, this does not make us a party to the transaction between Members, Hosts, or other users of the Site. Any suggested or default terms we provide are for users' convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.
Some Host-Provided Services (eg: pet boarding) are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Member, to determine if the applicable Host-Provided Service is best for your pet and to select the Host carefully.
While certain Hosts may receive positive assessments or comments by the Site or its users, Pawshake makes no representations or warranties regarding the quality, security or positive features of the Host or the Host's residence.
Pawshake is not party to any agreement or transaction between Member and Hosts and, as such, cannot verify or otherwise authenticate any claims made by the Host (including any medical certifications or insurance coverage held by the Host). Moreover, it is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your pet prior to engaging the Host for pet boarding or other pet-care related services.
As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Host-Provided Services, is entirely your own. You acknowledge and agree that Pawshake is not liable for any damages associated with the administration of pet boarding or other Host-Provided Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Host, any family member, friend, pet or other affiliate of the Host or any other third party). It is the sole responsibility of Members to make decisions that are in the best interests of themselves and their pets.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. If you are under 18 years old, you may not use the Site.
4. Use of Site and Compliance
You're not allowed to use our Site or Services to break the law. At all times, you have to comply with all applicable laws.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about pet services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
Use of Other Users' Personal Information. You may from time to time receive personal information of another User. Any personal information you receive may only be used for the specific purpose it was provided to you, and may not be used for any other purpose without first obtaining the other User's permission.
Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
- use the Service for any commercial purpose, unless expressly authorized by Pawshake;
- use the Site to find a Host or other provider of Third-Party Services or Member and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
- use the Site or Services to recruit, or solicit users for employment, or contact users to conduct business on behalf of a third party sitting service or network of Hosts;
- use the site for competitive purposes, such as to ascertain the features or technical infrastructure of the Site;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to services usually arranged via the Site;
- extract profile information or contact information from profiles, whether to list such information on third party sites or for any other purpose;
- "stalk" or harass any other user of our Services;
- collect or store any information about any other user other than for purposes of transacting as an Member, Host, Host or other provider of Third-Party Services with another user;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Service or the Site except through intentionally provided APIs;
- violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- submit any listing with a misleading or false price, or submit any listing with a price that you do not intend to honor; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site, terminating accounts or blocking users with certain IP addresses from accessing the Site.
Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;"; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Pawshake in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
No Violation of Laws and Regulations. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at firstname.lastname@example.org
Beta Features. From time to time, we may offer new "beta" features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at Pawshake's sole discretion. The provisions regarding Disclaimer of Warranty apply to such features or tools.
5. User Content and Communication Rules and Guidelines
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles ("Profiles"), reviews of Hosts ("Reviews"), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
- contains others' copyrighted content unless you have written permission from the copyright owner;
- contains or discloses another person's personal information without his or her written permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- implies that the User Content is in any way endorsed or sponsored by Pawshake;
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, discrimination, bigotry, hatred or physical harm of any kind;
- is intended to harass, annoy, threaten or intimidate any other Users of the Site;
- is false, abusive, misleading, defamatory, inaccurate, obscene, profane, sexually oriented, or otherwise objectionable;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
- contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
- uses scripts, bots or other automated technology to access the Site;
- that otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of Pawshake.
Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to Pawshake, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Review Guidelines. Members will have the opportunity to provide Reviews about Hosts they have used. Reviews should not include any personal information about a Host that is not disclosed in the Host's public Profile (for example, the Review should not include or reference a Host's phone number or address). Reviews should be limited to your personal firsthand experience (not what you heard from someone else) and should be factually accurate. You should avoid broad generalizations and exaggerations. If appropriate, you should update your reviews to reflect new experiences. As with other User Content, we reserve the right to remove any Review that we feel, in our sole discretion, violates these guidelines.
Disputes with Other Users. You are solely responsible for your interactions with other Pawshake users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether Pawshake collected any money on behalf of a Host or provider of Third-Party Services.
Listing Prices. If you post a listing offering pet related services, or other Third Party Services through the Site which is accepted by you and a Member, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the Member. You further agree not to alter the price once accepted.
6. Your User Content and Photos
As part of the Site, Pawshake occasionally shares photo updates of guest pets and resident pets with Site users and the public. You agree that Pawshake may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Twitter, Pinterest, and similar sites.
Hosts are required to provide periodic photo updates to the Members and Pawshake via text message or email. Failure to do say may result in suspension from the Site.
You hereby represent and warrant to Pawshake that your User Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Pawshake or cause Pawshake to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
7. Bookings and Financial Terms
Pawshake, through its proprietary network of Hosts, arranges for the provision of the Host-Provided Services to Members, including, but not limited to temporary pet boarding, pet sitting, pet daycare and other pet related services.
As a Host, you may create Listings, and will be asked detailed information about your place and pets (if relevant). As a Host you may set the pricing and terms for your services within the parameters permitted by the Site. Please note that it is the Host and not Pawshake which determines the Hosting Fees.
Each Host hereby appoints Pawshake as the Host's limited agent solely for the purpose of collecting payments made by Members on behalf of the Host. Each Host agrees that payment made by a Member to Pawshake shall be considered the same as a payment made directly to the Host and the Host will make the Host-Provided Services available to Member in the agreed upon manner as if the Host has received the applicable fees.
In accepting appointment as the limited authorized agent of the Host, Pawshake assumes no liability for any acts or omissions of the Host. As a host, you contractually agree that the first and all future bookings with a client from Pawshake will be booked via the Site. Failure to abide by this policy may result in suspension from the Site.
Pawshake charges a Service Fee of 19% to the Host to cover the costs of payment processing and site administration. Please note that Pawshake does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Pawshake reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings.
As a Member, you may book Host-Provided Services through the Site.
The Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Pawshake in its sole discretion) or the requested booking will be automatically cancelled. If the Host accepts the booking request, the full amount of the Host-Provided Service, inclusive of the Pawshake Service Fee will be charged to the Member's card on file immediately. In case of reservations that are extended beyond the initially agreed end-date, Pawshake will automatically charge the nightly fee previously arranged between host and guest, until guest pet is back in possession of guest.
Pawshake will release the payment (less Service Fee) to the Host within seven (7) business days after the end of the services.
The Member also authorizes Pawshake to charge your credit card in the event of
• For Flea Situations Involving a Member's Dog. Members acknowledge and agree that, to the extent any situation arises where the Member's Dog introduces fleas into a Host's home, the Member's credit card may be billed for any amount to reimburse costs incurred attendant thereto. These costs may include, but are not limited to, costs associated with treating a Host's resident animals and/or home for fleas or flea prevention. It is the responsibility of all Members to disclose any knowledge of flea issues associated with their pets to all Hosts before any Service is rendered.
• For Emergency Medical Situations Involving a Member's Pet. Members should ensure that the Host is provided with contact information to reach the Member in the event an emergency medical situation arises involving a Member's Pet. Members and Hosts acknowledge and agree that, to the extent any situation arises where the Member'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 Member and notify him or her of the situation. In the event the Host notifies Pawshake of the situation, the Host should contact Pawshake and Pawshake shall make reasonable efforts during Pawshake's normal business hours to contact the Member to notify them of the situation. If Member cannot be reached following reasonable efforts, Member authorizes Host and Pawshake to authorize care on his/her behalf in order to promptly treat member's pet. Members acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Member and that Member's credit card may be billed for any amount to reimburse costs incurred by the Host or Pawshake attendant thereto.
Cancellation by Members: Each Host agrees that, Pawshake may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, permit the Member to cancel the booking. As a Member, you are given the flexibility to select amongst listings with differing cancellation policies: namely, (a) Flexible - 100% refund up to 5 days before scheduled pet drop-off date, 50% refund after that; (b) Moderate - 100% refund up to 10 days before scheduled pet drop-off date, 50% refund after that; or (c) Strict - No refund after booking, except where determined by Pawshake in unusual circumstances. Member agrees to be bound by the option selected by Host and agreed to as part of the booking process.
Cancellation by Hosts. Hosts may incur the following penalties if they cancel a scheduled stay within seven or fewer days of the scheduled stay:
- cancellations within seven or fewer days will result in account review and temporarily suspend and possibly definitely suspend;
- two or more cancellations within a three month timespan will result in account suspension;
Pawshake may effect or waive such suspensions in its sole discretion. Any suspension under this Section may be appealed in writing to customer support. Pawshake may accept or reject such appeal in its sole discretion. Hosts will be exempt from suspension in the event of a cancellation described above if the Member reschedules the stay with another Host referred by the Host. Members that have had stays cancelled may leave a testimonial for the canceling Host.
After a first-time booking between Member and Host, Member and Host may, at their own discretion, arrange for a live "Meet-n-Greet" to introduce the Member's pet to the Hosts place and pets. If the result of this meeting is the determination that a pet boarding stay or other Host-Provided Service would not be in the best interests of the pets, either party may cancel the booking and all money will be refunded to Member. The member must contact Pawshake's customer support at email@example.com to request this refund.
9. Links to Third Party Websites
10. Disclaimers of Warranties
The site and content provided on the site are provided "as is," and are for use as contracted herein. Except for the express warranties set forth herein, Pawshake and its affiliates, officers, directors, employees, agents, as well as its third party providers, hereby disclaim all express or implied representations, warranties, guaranties, and conditions with regard to the site, the hosts, the host-provided services, the content, and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. Pawshake and its third party providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the site or content associated with the site, or the results you may obtain by accessing or using the site and/or the content associated therewith. Without limiting the generality of the foregoing, Pawshake and its third party providers do not represent or warrant that (a) the operation or use of the site will be timely, secure, uninterrupted or error-free; (b) the quality of any host-provided services, information, or other material you purchase, secure or otherwise obtain through the site will meet your requirements; or (c) any software offered via the site available are free of viruses or other harmful components. You acknowledge that neither Pawshake nor its third party providers control the transfer of data over communications facilities, including the internet, and that the site and/or content associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Pawshake is not responsible for any delays, delivery failures, or other damage resulting from such problems, except where expressly provided otherwise by Pawshake. Pawshake expressly disclaims any warranty related to the quality of host-provided services and the persons or businesses referenced on the site. You use host-provided services at your peril and assume all risks related to use of said host-provided services. Licensing and certification requirements (or the absence thereof) for some or all of the host-provided services offered by hosts widely vary by state, county, city, municipality or township. Pawshake makes no representations or warranties that any of the hosts offering host-provided services through the site have complied with any applicable state, county or municipal law, statute, ordinance or regulations. Notwithstanding Pawshake's appointment as the limited agent of the hosts for the purpose of accepting payments from members on behalf of the hosts, Pawshake explicitly disclaims all liability for any act or omission of any host, member or other third party.
11. Limitation of Liability and Release
By agreeing to serve as a Host and provide Host-Provided Services to a Member, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of Hosts to make decisions that are in the best interests of themselves and their pets. It is recommended that all Hosts schedule a "Meet-n-Greet" with all pets and Members before providing pet boarding or other Host-Provided Services to mitigate as many risks as possible.
Should you agree to serve as a Host, you agree and acknowledge as follows:
a. You agree that you are voluntarily agreeing to board or otherwise handle a pet belonging to another at your home or some other location. You are assuming all risk of personal injury, death or disability to you and/or your child/ward that might result or arise from the boarding or handling of this pet, or any damage, loss or harm to your reason or personal property which you or your children/child/ward may incur. You understand that the risks that come with boarding or handling a pet who is not accustomed to you, your children/child/ward, and your home or other location and that it has inherent risks; and
b. You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold Pawshake, its affiliates, officers, directors, agents, employees, and members (collectively, the "Releasees") harmless from any and all claims or causes of action arising out of the boarding or handling of this pet. You expressly release and discharge Pawshake from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while the pet is boarding in your home or you otherwise provide any Host-Provided Services.
Whether you are a member or a host, you agree not to hold Pawshake or its affiliates, officers, directors, employees, agents or third party providers liable for any damage, suits, claims, and/or controversies (collectively, "liabilities") that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the services or site, including without limitation any liabilities arising in connection with (a) any instruction, advice, act or service provided by Pawshake or its affiliates, officers, directors, employees, agents or third party providers, (b) any destruction of your user content, (c) any dispute with any other user of the site, (d) hosts' failure to provide services or provision of incomplete or poor services, (e) any injuries or harm suffered by you or any third party (including without limitation your family members, friends or other unrelated parties), (f) any injuries or harm suffered by any pets or other pets, (g) any damage or harm to real or personal property, or (h) any other conduct, act or omission of any other party, including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, or destruction of property.
Under no circumstances shall Pawshake or its affiliates, officers, directors, employees, agents or third party providers be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this site or the host-provided services, including your reliance on any information obtained from this site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Pawshake has been advised of or should have knowledge of the possibility of such damages. By your use of this site, you acknowledge that this paragraph shall apply to all content, goods and services available through this site, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Pawshake or its affiliates, officers, directors, employees, agents or third party providers are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one hundred dollars ($100.00), excluding any obligations to pay amounts to hosts or refunds to members pursuant to these terms.
You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that Pawshake has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and Pawshake and form a basis of the bargain between the parties.
You agree to indemnify, defend and hold harmless Pawshake and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the "Indemnified Parties") against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Host-Provided Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties.
Pawshake and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
13. Termination and Account Cancellation
By Pawshake. Pawshake may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by Pawshake, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User's account, Pawshake may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by Pawshake, you may not re-register without Pawshake's consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
By User. As a User, you may cancel your account at any time by sending an email to firstname.lastname@example.org. You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available.
Effect of Termination. Upon the termination or cancellation of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated or cancelled, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account's termination or cancellation may not be available to you if you re-register with Pawshake. If following the termination or cancellation of your account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if your account is terminated, suspended or cancelled.
14. Intellectual Property Rights
Copyright. All materials on the Site other than User Content are either owned by Pawshake or are the property of Pawshake's suppliers or licensors. You may not use these materials except as we give you written permission to do so.
Trademarks. The service marks and trademarks "Pawshake" and the Pawshake logo are owned by Pawshake. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of Pawshake and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
Ownership and Use. Pawshake retains ownership of its intellectual property rights and you have no rights to Pawshake's intellectual property or Pawshake's rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
Your Content. Other than the non-exclusive license granted to Pawshake with respect to User Content, Pawshake will not acquire an ownership interest in the User Content you post.
15. Employment and Withholding
Pawshake is not an employment service and does not serve as an employer of any user. As such, Users are solely responsible (and Pawshake is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users.
You understand and agree that if Pawshake is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify Pawshake for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
You are responsible for complying with all applicable tax laws and regulations related to your use of the Site and Host-Provided Services. Without limiting the foregoing, each Host is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. Pawshake is not responsible for any taxes related to your use of the Site or the Host-Provided Services.
If requested by Pawshake, you agree to provide Pawshake with such identification documents (including copies of ID, passports and driver's licenses) or other information as may be needed or requested by Pawshake.
16. No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, Pawshake is not acting as an agent for any Host, Member or any other user or visitor of the Services or the Site. Pawshake is not an employment service or agency, and does not serve as an employer or referral source for any User.
17. Governing Law
The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and Pawshake will submit to the exclusive jurisdiction of the state and federal courts in the State of California.
If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties' intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
You may not assign these Terms without the prior written approval of Pawshake. Any purported assignment in violation of this section shall be void. Pawshake reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith.
In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Pawshake.
No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other.
Complete Agreement. These Terms of Service contains the entire agreement between you and Pawshake regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify Pawshake as to any matters relating to the Site or Services please contact us at:
161 N Castanya Way
Portola Valley, CA 94028
United States of America