TERMS AND CONDITIONS
Cuddlytails and its subsidiaries and/or parent companies (collectively, “Company”) is a pet-friendly and dog-walking company offering products available on this website (the “Site”), and mobile applications, and other related tools, support and services subject to the following terms and conditions (“Terms”). Company make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by their independent contractors.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Cuddlytails, Inc., a company incorporated under the laws of Delaware (“Cuddlytails,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Cuddlytails Services”).
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Cuddlytails Service, unless otherwise required by applicable law. Your continued access and use of the Cuddlytails Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE CUDDLYTAILS SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS
- “You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this Site on behalf of a corporation or other legal entity (including, but not limited to, a partnership, LLC, LLP or S-corp), collectively, you and such corporation or other legal entity on whose behalf you access the Site.
Company reserves the right to change the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion.
Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Site after such changes will indicate your acceptance of such changes.
Company further reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Company.
- Eligibility. If you are using this Site on behalf of a corporation or other legal entity, you represent that you are authorized to accept these terms and conditions on behalf of such corporation or other legal entity. Further, you acknowledge that you are 18 years of age or older and will and do comply with all laws and regulations applicable to your activities conducted through or related to this Agreement.
- S.-Based Website. The Site is controlled and operated by Company from the United States, and, except as expressly set forth herein, is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Company may limit the Sites availability, in whole or in part, to any person, geographic area or jurisdiction Company chooses, at any time and in Companys sole discretion.
- Nature of Service. The Company service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners and providers of pet-related services can use to find, communicate with and interact with each other. The Service includes our emergency support services, educational materials for independent contractors, and other services. Cuddlytails is a venue for Pet Owners and Pet Service Providers. specifically described in the Cuddlytails Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, pet sitting, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users or pet owners. Service Providers listed on Cuddlytails are not under the direction or control of Cuddlytails, and Service Providers determine in their own discretion how to provide Pet Care Services. Though we provide general guidance on our Site to Service Providers about safety and pet care and to Pet Owners about selecting and engaging Service Providers, Cuddlytails does not employ, recommend or endorse Service Providers or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verifications on Service Providers conducted by a third party, but, except where explicitly specified in the Cuddlytails Service (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via the Cuddlytails Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets.
- You acknowledge and agree that, except to the extent the Company liability under the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. You agree that Company has no liability for damages associated with pet care services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of any Company service.
- Information Submitted Through the Site. Your submission of information through the Site is hereby incorporated into these Terms by this reference. You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Company may terminate your use of the Site.
- Services. Company is a neutral venue for their independent contractors and You. Company is not a service provider and does not provide pet care services. Company makes no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by independent contractors, or about your interactions and dealings with users. Independent contractors are not under the direction or control of Company, and they determine in their own discretion how to provide services. Though we provide general guidance on our Site to independent contractors about safety and pet care and to You about selecting and engaging independent contractors, Company does not employ, recommend or endorse independent contractors and, to the maximum extent permitted by applicable law, Company will not be responsible or liable for the performance or conduct of any signatory to this Agreement, whether online or offline. You should exercise caution and use your independent judgment before engaging Services under this Agreement. You are solely responsible for making decisions that are in the best interests of pets.
- For pet owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to others.
- For independent contractors, this includes that you are legally eligible to provide services in the jurisdiction where you provide such pet-care services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses and permits necessary to legally provide services; and that, when providing services, you will comply with applicable leash, pet waste disposal, and similar laws.
- Cuddlytails Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Cuddlytails Service are between Pet Owners and Service Providers. You agree that Cuddlytails has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Cuddlytails Service.
- Pet Owners and Service Providers transact with each other on the Cuddlytails Service when they both agree to a booking that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the Cuddlytails Service (a “Booking/Reservation”). A Booking may be initiated by either a Service Provider or a Pet Owner by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking . If you are a Pet Owner and a Service Provider initiates a Booking, you agree to pay for the Pet Care Services described in the Booking. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.
- Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Cuddlytails performs a limited review of Service Provider profiles and facilitates Service Provider Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and Cuddlytails does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Cuddlytails does not endorse reviews of Service Providers by other Pet Owners that may be available via the Cuddlytails Service, and Cuddlytails makes no commitments that such reviews are accurate or legitimate.
- Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that Cuddlytails (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse Cuddlytails and/or the Service Provider for all costs and expenses associated with such actions. Further, Cuddlytails expressly reserves the right, in its sole discretion, to remove a Pet Owners pet from a Service Providers care should Cuddlytails deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Cuddlytails will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owners emergency contact (if provided) to arrange alternative care. Should Cuddlytails not be able to contact the Pet Owner or the emergency contact, Cuddlytails will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pets veterinarian(s) to release your pets veterinary records to Cuddlytails in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Cuddlytails in connection with such transfer.
- Pet Owners are recommended to give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Cuddlytails at the applicable telephone number or email address listed on the Cuddlytails website. If you are a Pet Owner, you hereby authorize your Service Provider and Cuddlytails to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pets veterinarian(s) to release your pets veterinary records to Cuddlytails. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Cuddlytails for any injury, damage or liability arising from failure to seek such care. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Cuddlytails to charge your credit card or other payment method for such costs. In no circumstances, a Pet Owner may be eligible for reimbursement from Cuddlytails or the Service Provider.
- Compliance with Applicable Law. By accessing and using the Cuddlytails Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Cuddlytails Service.
- For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).
- For Service Providers, this includes that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses and permits necessary to legally provide Pet Care Services; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.
You acknowledge that Cuddlytails is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a users failure to do so.
- Disclaimer of Warranties. COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS INCLUDES, BUT NOT LIMITED TO, ANY NEFARIOUS BEHAVIOUR, CRIMINAL CONDUCT, OR THIRD-PARTY HACKING OR CONDUCT COMPANY CANNOT CONTROL
- Limitations of Liability. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ENGAGEMENT OF THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Conduct of pet owners.When you use the Service, you agree:
- To use the Service only in a lawful manner and only for its intended purposes.
- Not to use the Service to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
- Not to submit viruses or other malicious code to or through the Service.
- Not to use the Service, or engage with other users of the Service, for purposes that violate the law.
- Not to use the Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Service.
- Not to use the Service for purposes of competing with or to promote other products or services.
- Not to post reviews about Service Providers that arent based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the Service by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile on, or registration for, the Service, or to create multiple or duplicate accounts.
- Not to interfere with our provision of, or any other users use of, the Service.
- Not to solicit another users username and password for the Service or any other sensitive personal information, including bank details.
- You acknowledge and agree that Company reserves the right (but has no obligation) to do one or more of the following in Companys discretion, without notice or attribution to you: (i) monitor Submissions as well as access to the Site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; (iii) use said Submissions for any and all marketing purposes, to be defined by Company; and/or (iv) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the Sites users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. Company disclaims any responsibility for content submitted by users on or through any area of the Site.
- Termination. You agree that Company may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site and any account(s) you may have in connection with this Site, including if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
- Registration and Account Security. In order to use some aspects of the Cuddlytails Service, you will be required to create a username, password, and user profile. If you elect to use the Cuddlytails Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Cuddlytails suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Cuddlytails Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
- Our collection and use of your personal information on the Cuddlytails Service is described in our Privacy Statement. By accessing or using the Cuddlytails Service, you acknowledge that you have read and understand the Privacy Statement.
- Your Content.
- We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Cuddlytails Service or otherwise in connection with using the Cuddlytails Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.
- Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Cuddlytails an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Cuddlytails Service, and to sublicense these rights to third parties.
- If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Cuddlytails and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license and the other provisions of these Terms.
- Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
- The Cuddlytails Service may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Cuddlytails has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Cuddlytails Service, whether before or after termination of your account for the Cuddlytails Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Cuddlytails Service at any time.
- Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Cuddlytails Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
- Governing Law; Forum. If you have an existing contractual relationship with Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your existing contract with Company. If you have more than one existing contract with Company, the governing law and forum with respect to any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site will be the law and forum set forth in your most recent contract with Company.
If you do not have an existing contractual relationship with Company, then (a) you agree to the non-exclusive jurisdiction of an appropriate state court in New York, or an appropriate federal court located in New York for any action or proceeding arising out of or related to these Terms; and (b) except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of the State of Texas in the United States without regard to applicable conflict of law provisions. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.
If (i) you do not have an existing contractual relationship with Company; (ii) you are not a U.S. citizen; (iii) you do not reside in the United States; (iv) you are not accessing this Site from the United States; (v) the dispute between you and us is unrelated to your access to or use of the U.S. version of the Site and (vi) you are the citizen of a European Union country who is using the Site for purposes other than for your trade, business or profession, you hereby agree that any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by Company to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than an appropriate state court in Texas or an appropriate federal court located in Houston. 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.
- Notices to Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Companys discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Miscellaneous. These Terms contain the entire agreement between you and Company with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Company. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Companys express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights or Third Parties) Act 1999 or otherwise. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Company will not be responsible for failures to fulfil any obligations due to causes beyond its control.
- Contact Company. If you have any questions regarding the meaning or application of these Terms, please direct such questions to contact us form in https://www.cuddlytails.com/. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with Company.
- Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. You consent to Company communicating with you about Services by SMS, text message, email and other electronic means, including autodialed text messages and phone calls containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carriers normal messaging, data and other rates and fees will apply to these communications.
- You authorize us to charge your credit card or other payment method for fees you incur on the Service as they become due and payable, and to charge any alternative payment method Cuddlytails has on record for you 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 we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Company nor any independent contractor will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Service are non-refundable once paid. The total amount Pet Owners are charged for a Booking may also include a service fee payable to Cuddlytails. Where required by law, the amount charged will also be inclusive of applicable taxes. The Service Provider, not Cuddlytails, is responsible for performing the Pet Care Services. We charge service fees for some aspects of the Cuddlytails Service. If you are a Service Provider, except where otherwise specified via the Cuddlytails Service, our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay to you in a booking and is collected from each booking. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Cuddlytails from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.
- If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care Services not provided, as well as any service charge paid to Cuddlytails. If you are a Service Provider, and repeatedly cancel accepted Bookings without justification, Cuddlytails may terminate your account.
- Limitations of this Agreement. These Terms are not an employment contract. Neither Company nor you are obligated to any specific term of employment. The Terms are limited to the subject matter of the restrictive covenants described herein. Nothing in these Terms shall be deemed to create a partnership or agency between the Company and you.
- Background Checks. Cuddlytails may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications. If you undergo a Background Check or Identity Verification via the Cuddlytails Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Cuddlytails may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Cuddlytails rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Cuddlytails reserves the right to suspend or terminate your access to the Cuddlytails Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion. Pet Owners remain fully responsible to evaluate and investigate their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Cuddlytails does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported.
- Third Party Services, Links Cuddlytails may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Severable Provisions. The provisions are severable, and if any one or more provision(s) may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
- Modifications. Terms may be modified only by a writing executed by Company and you.
- Prior Understandings. These Terms contains the entire agreement between you and Company with respect to the subject matter herein. These Terms supersede all prior understanding, agreements, or representations.