A. Acceptance of Terms
B. PetBacker Service
1. NATURE OF THE PETBACKER SERVICE
The PetBacker Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Service Users”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other. The PetBacker Service includes our emergency support services, educational materials for Service Providers, and other services.
2. PETBACKER DOES NOT PROVIDE PET CARE SERVICES
PetBacker is a neutral venue for Service Providers and Service Users. PetBacker is not a Service Provider and, except for general support and other resources and support specifically described in the PetBacker Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with Service Users. Service Providers listed on PetBacker are not employees or contractors or in anyway legally bound to PetBacker and are not under the direction or control of PetBacker. 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 Service Users about selecting and engaging Service Providers, PetBacker does not employ, recommend or endorse Service Providers or Service Users, 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 Service Users, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate basic Identification Verifications but, except where explicitly specified in the PetBacker Service (and then only to the extent specified), do not otherwise screen Service Providers or Service Users. 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 PetBacker Service. Service Users and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the PetBacker Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
C. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.
You need not register with PetBacker to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to PetBacker in providing you with more a more customized experience when using the Platform. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your PetBacker password and, if applicable, your ThirdParty Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify PetBacker immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby acknowledge and agree that PetBacker will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of PetBacker or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Platform in any medium without PetBacker's prior written authorization.
- You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose.
- You will provide accurate and complete information when creating your Account.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without petbacker's prior written approval.
- You shall not in any manual or automated manner collect Service Providers or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way that transmits more request messages to the PetBacker servers, or any server of a PetBacker subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, any application interfaces; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. PetBacker reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form Service Providers or Service Users for jobs or contracting for a business not affiliated with PetBacker without express written permission from PetBacker.
- You shall not take any action that (i) unreasonably encumbers or, in PetBacker's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses PetBacker's measures that are used to prevent or restrict access to the Platform.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should PetBacker find that you violated the terms of the membership eligibility criteria or any other terms stated herein, PetBacker reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
3. ADDITIONAL POLICIES
D. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Provider, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage PetBacker or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant PetBacker all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufactureinstalled copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right; is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a petbacker employee, agent, manager, Pet Service Provider, another user, or any other person though any means; advertises or solicits a business not related to or appropriate for the Platform (as determined by PetBacker in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm petbacker, or the interests or property of PetBacker users;
- is non-local or irrelevant content;
- contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of PetBacker.
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Platform or an external website
- personal contact information including but not limited to phone numbers, social media addresses and emails.
- messages that encourage the use of other third party services or platforms for the purpose of messaging and soliciting businesses out of the platform
3. NO DISCRIMINATION
All Postings. Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. PetBacker will not knowingly accept any Posting for employment which is in violation of the law. PetBacker has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.
4. PROHIBITIONS WITH RESPECT TO SERVICES
While using the Platform, you shall not:
- post content or items in any inappropriate category or areas on the Platform;
- post images or content in listings that displays your contact or social media info
- fail to deliver payment for Services purchased by you, unless the Service Provider has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Provider's identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings; circumvent or manipulate our fee structure, the billing process, or fees owed to PetBacker; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Platform user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform);
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Provider or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Provider or a Service User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, PetBacker, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Platform concerning Feedback, PetBacker shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, PetBacker HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
The foregoing lists of prohibitions provide examples and is not complete or exclusive. PetBacker reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that PetBacker determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. PetBacker reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that PetBacker deems appropriate in PetBacker's sole discretion. PetBacker may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at PetBacker's discretion, PetBacker will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. PetBacker does not and cannot review every Posting posted to the Platform. These prohibitions do not require PetBacker to monitor, police or remove any Postings or other information submitted by you or any other user.
E. Rules for Service Providers
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT PETBACKER FEES
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PLATFORM USERS
4. PRICING FOR SERVICES OFFERED
All pricing for services offered by Service Providers is solely decided by the Service Providers. PetBacker does not partake in the decision of pricing quoted to Service Users. Service Providers are required to discuss with the Service User and agree upon a final price prior to the start of the Service with reference to the details provided in the Service Request which includes but is not limited to start and end date of service, pet information, and service requirements.
5. RESPONSIBILITY TO DELIVER AND PERFORM SERVICES WITH QUALITY
The Service Provider must perform and deliver services and or goods mutually agreed upon agreement with the Service User with the highest quality and professionalism. Services must be delivered on time and any cancellations or changes in date and time must be communicated directly with the Service User. The Service User has the right to review and leave feedback on the quality of the service. If the service was not delivered at a quality acceptable to the Service User, the Service User may open a dispute against the Service Provider to request for a refund or to have the service performed again.
6. PAYMENT HOLD AND FRAUD
If we receive a complaint from PayPal, credit card or any financial institution, that a transaction is fraudulent, and could be due to a fake or fraudulent credit card transaction, you will be informed and the payments for your jobs with the affected owner will be held temporarily.
The investigation with the financial institution can take up to 180 days and if the transactions were found to be fraudulent you agree that the money will not be released to you as we too will be unable to receive that money from the payment gateway company as well, and you will return any monies previously paid out by PetBacker to you for the related jobs.
If you believe the transaction is genuine, do update us with any proof that you have and you can continue to engage the pet owner outside of our platform till the issue is resolved.
7. CERTIFICATE OF COMPLIANCE WITH APPLICABLE LAW
By accessing and using the PetBacker Service to offer services, you certify 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, business tax registrations, 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.
8. NON COMPETITION
Within a period of 18 months from the last day a Service Provider services a Service User, a Service Provider may not:
- either directly or indirectly, solicit work from Service Users in the same area of service as PetBacker
- will not hire or solicit for employment from any Service Users or Service Providers
- will not, either directly or indirectly, solicit from nor perform any work for any Service User or Service Provider you come into contact with or becomes aware of during the term of this Agreement whether or not connected with the work you performed
- will not influence, either directly or indirectly, Service Users or Service Providers to refrain from using PetBacker’s services
- will not influence, either directly or indirectly, Service Users or Service Providers to provide similar services on other similar third party platforms
- will not, either directly or indirectly, interfere with, disrupt or attempt to disrupt the relationship, contract or arrangement between PetBacker and its users
- will not, either directly or indirectly, assist or induce any Service User or Service Provider to perform any of the foregoing acts
9. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDERS
If a Service Provider violates any of the above-referenced rules in connection with his or her Posting, PetBacker, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Provider's Account privileges; (c) suspend the Service Provider's Account; (d) cause the Service Provider to forfeit any fees earned on a canceled Posting; and/or (e) decrease the Service Provider's status earned via the Feedback page.
PetBacker may withhold or delay any outstanding payouts to the sitter at its discretion pending investigations and release the payouts less any applicable penalties or fees applied after the investigation.
F. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Provider's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by petbacker in connection with the use or purchase of any Service.
2. NON COMPETITION
Within a period of 18 months from the last day a Service User engages the services of a Service Provider, a Service User may not:
- either directly or indirectly, solicit work from other Service Users in the same area of service as PetBacker
- will not hire or solicit for employment from any Service Users or Service Providers
- will not, either directly or indirectly, solicit from nor perform any work for any Service User or Service Provider you come into contact with or becomes aware of during the term of this Agreement
- will not influence, either directly or indirectly, Service Users or Service Providers to refrain from using PetBacker’s services
- will not influence, either directly or indirectly, Service Users or Service Providers to provide similar services on other similar third party platforms
- will not, either directly or indirectly, interfere with, disrupt or attempt to disrupt the relationship, contract or arrangement between PetBacker and its users
- will not, either directly or indirectly, assist or induce any Service User or Service Provider to perform any of the foregoing acts
3. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, PetBacker, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
G. Use of Submitted Content
1. NO CONFIDENTIALITY
The Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, PetBacker does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Platform is provided on a non-proprietary and nonconfidential basis. You agree that PetBacker shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO PETBACKER
You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and understand that your submitted content may be reposted or reproduced by PetBacker on the blog, directory, emails, platform, website and social media for promotional and marketing purposes.
You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, you understand that you will inform us via email to remove our reposting of your information and we will remove it, or we will consider that you have consented to the reposting.
4. PETBACKER'S DISCLAIMERS AND RIGHT TO REMOVE
2. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that PetBacker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against petbacker with respect thereto, and agree to indemnify and hold petbacker, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that PetBacker may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to PetBacker, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and PetBacker is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that PetBacker is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
H. Mandatory Third Party Verification Service
PetBacker uses a variety of tools in an effort to make our Platform as safe as possible for Service Providers and Service Users. Among these tools could be background checks and identification verifications with national databases. Do not register as a Service Provider on PetBacker if you do not want PetBacker to search for you on any national databases. By requesting to use, registering to use, and/or using PetBacker, you represent and warrant that you and each member of your household have not been and are not currently required to register as a sex offender with any government entity.
By registering as a Service Provider on the Platform, you do hereby consent to allow PetBacker to perform background check using information you provide, and you understand that PetBacker may review the information provided by the third-party verification service and that PetBacker, after reviewing the results, may take whatever actions it deems necessary with respect to your Account. You hereby authorize PetBacker to verify your representations and warranties herein, and you acknowledge that PetBacker reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless PetBacker from any loss or liability that may result from the background check and verification. In addition, you do hereby represent, understand and expressly agree that PetBacker offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. PetBacker retains the right to terminate your PetBacker membership based on the information provided by this third party verification service.
Service Users remain fully liable to evaluate and investigate Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, PetBacker.com does not automatically run Background Checks on any Users. Records not available to third-party Background Checking 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 from foreign countries and nolle pros will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
I. Optional Third Party Verifcation Services
PetBacker uses a variety of tools in an effort to make our Platform as safe as possible for Service Providers and Service Users. Among these tools are optional name verification, address verification, social security number verification, IC, passport, and criminal background checks for Service Providers. PetBacker uses PayPal.com to perform name and address verification when we enabled our payment solution.
PetBacker may make these or other third-party verification services available to Service Providers and Service Users. Service Providers and Service Users may use these services to verify information such as, but not limited to, name, address, national id number, criminal background, and professional license credentials. By requesting to use, registering to use, and/or using the Platform, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize PetBacker to verify your representations and warranties herein, and you acknowledge that PetBacker reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.
If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby represent, understand and expressly agree that PetBacker offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that PetBacker may review the information provided by the third-party verification service and that PetBacker retains the right to terminate your PetBacker Account based on the information. You affirm that all of the information you provide to PetBacker as part of these third-party verification services is correct, complete, and applicable to you.
Service Providers may choose whether to make the information obtained from third-party verification services public on PetBacker. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party’s decisions to engage you as a Service Provider. You agree to indemnify and hold harmless PetBacker from any loss or liability that may result from your sharing this report publicly.
J. Fair Credit Reporting Act
PetBacker.com notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you decide to use or access information provided by a third-party verification service offered through the Platform, you warrant that you will comply with all applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Platform with any other party (either through this Platform or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold PetBacker harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. PetBacker does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
K. Copyright Infringement Take Down Procedure
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. PetBacker will remove any infringing material, subject to the procedures outlined by Copyright act. Notwithstanding PetBacker's instructions above, you are solely responsible for ensuring that any Notice you provide to PetBacker complies with any legal requirement.
L. Modifications to or Termination of Platform
1. MODIFICATION OR CESSATION OF PLATFORM
PetBacker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that PetBacker shall not be liable to you or to any third party for any modification, suspension or discontinuance of PetBacker services.
2. TERMINATION BY PetBacker
3. TERMINATION BY YOU
4. EFFECT OF TERMINATION
Unless PetBacker has previously canceled or terminated your use of the Platform (in which case subsequent notice by PetBacker shall not be required), if you provided a valid email address during registration, PetBacker will notify you via email of any such termination or cancellation, which shall be effective immediately upon PetBacker's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of PetBacker Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that PetBacker shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, PetBacker retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted petbacker hereunder shall remain in effect for the foregoing purpose. In no event is PetBacker obligated to return any Submitted Content to you. Sections G, I, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Platform or your Account.
You agree to indemnify and hold PetBacker, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
M. Intellectual Property Rights
1. PetBacker OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by PetBacker, subject to copyright and other intellectual property rights under Malaysia and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners.
Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PetBacker reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2. PetBacker'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
PetBacker may authorize you to use an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Platform; provided, however, that you provide a link back to the Platform on any pages that contain the Embeddable Player. PetBacker reserves the right to discontinue any aspect of the Platform at any time.
N. PetBacker Fees
1. FEES INCURRED BY SERVICE PROVIDERS
Joining PetBacker, posting Services and viewing posted Services is free. PetBacker reserves the right at its sole discretion to charge fees to Service Providers for other services that PetBacker may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by PetBacker, or conducting transactions with Service Users through PetBacker. PetBacker charges a service fee for booking transactions completed through PetBacker from 15% to 25%. All service users who requested for services from Service Provider with the PetBacker platform are required to make all payments through the platform. You are expressly agreeing that PetBacker is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a fee-based service.
Service Provider must ensure they login at least once in a 6 month period to maintain the reduced Service Fee if it is below 25%. The Service Fee will reset to 25% if the account is inactive for more than 6 months regardless of the prior Service Fee.
PetBacker offers premium services to Service Providers for a fee and may in the future offer additional services, like advertising, tax preparation and bookkeeping, that Service Providers can also choose to purchase. PetBacker reserves the right to charge fees for these services at its sole discretion. The fees will not and are not provisioned for the purpose of monitoring of the performance or activites of its members, Service Providers and the pets under their care.
2. FEES INCURRED BY SERVICE USERS
Joining PetBacker, viewing posted Services, and requesting posted Services is free. PetBacker currently charges Service Users no fees for transactions completed on the Platform between Service Users and Services Providers. However, PetBacker reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after PetBacker has provided you with fourteen (14) days' notice by posting the changes on the Platform.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either Pet Service Providers or Service Users.
4. NON REFUND POLICY
All purchases on PetBacker are final and strictly non refundable. Purchases are delivered digitally immediately and may include:
- Web directory listing
- Access to a live chat module
- Job leads
- Web and social advertising (where applicable)
O. Negotiation of Terms of Service; Disputes Between Registered Users
1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, PetBacker provides a general framework for negotiating the terms of Service (e.g., rate, scope of work) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.
You should not rely on the any information or resources contained on the Platform, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. PetBacker makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platform, including, without limitation, the Negotiation Worksheet. In no way will PetBacker be responsible for any actions taken or not taken based on the information or resources provided on this Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.
2. PetBacker IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that PetBacker is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
3. NO AGENCY OR PARTNERSHIP
4. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers and Service Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You understand that deciding whether to use the Services of a Service Provider or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that PetBacker does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
The Pet Service Provider reserves the right to refuse or end a booking prior to the booking, after confirmation of the booking, or during the job period at any time should the Pet Owner provide inaccurate or misleading information of the pets or requirements of the pets prior to the confirmation of any booking. Payments for bookings that fall under this section will not be refundable for services that have already been rendered.
Any information and requirements provided on the Petbacker platform only up to the time of confirmation of booking will be used as a basis for decisions on disputes. Only communications via the platform chat will be considered for dispute resolution. Communication on other third party channels will not be considered as part of the contract between service provider, sitters, hosts and service user or pet owner.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions
or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from PetBacker.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT PETBACKER SHALL NOT BE RESPONSIBLE FOR OPPORTUNITY LOSSES OR LIABLE FOR ANY LOSS, DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT PETBACKER IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE PETBACKER, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER. PETBACKER ALSO RESERVES THE RIGHT TO DISCLOSE OR INFORM OR BROADCAST TO RELATED OR RELEVANT PARTIES OF COMPLAINTS BY OTHER PLATFORM USERS FOR THE SAFETY OF THE COMMUNITY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PETBACKER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS.
Home pet boarding and other Pet Services provided are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Service User, to determine if the applicable Service Provider-Provided Service is best for your pet and to select the Service Provider carefully. While certain Service Provider may receive positive assessments or comments by the Site or its users, PetBacker makes no representations or warranties regarding the quality, security or positive features of the Service Provider or the Service Provider's residence. PetBacker is not party to any agreement or transaction between Service User and Service Providers and, as such, cannot verify or otherwise authenticate any claims made by the Service Provider(including any medical certifications or insurance coverage held by the Service Provider). 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 Service Provider 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 Service Provider-Provided Services, is entirely your own. You acknowledge and agree that, PetBacker is not liable for any damages associated with the administration of pet boarding or other Service Provider-Provided Services, which may include but are not limited to, bodily injury, mating with, or death to your pet (whether caused by the Service Provider, any family member, friend, pet or other affiliate of the Service Provider or any other third party). It is the sole responsibility of Service User to make decisions that are in the best interests of themselves and their pets. You agree not to attempt to impose liability on, or seek any legal remedy from PetBacker. You release PetBacker from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a Host, Sitter, Pet Owner, Service user or other Service Provider in connection with the Site.
5. COLLECTION OF PETS
Service users are required to collect the pet at a time and place agreed upon with the Pet Service Provider at the time of booking. In the event the pet is not collected at the said time and place, the Pet Service Provider receives the right to send the pet to a preferred adoption center, home or shelter e.g. SPCA, and it is strictly not the responsibility of PetBacker or the Pet Service Provider on any issues arising from the pet thereafter.
6. CANCELLATIONS AND REFUNDS
- Cancellations by Service Provider. 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 PetBacker.com. Service Provider cancellations are taken seriously. If you are a Service Provider, you acknowledge that cancellation by you may result in a review of your account and, if we deem it appropriate, suspension or termination of your access to the PetBacker.com Service.
- Reservation Guarantee. As more fully described on PetBacker.com’s Reservation Guarantee page, PetBacker.com uses all reasonable efforts to find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Guarantee depends on the timing of the cancellation and the type of Pet Care Services provided; consult the Reservation Guarantee page for details. Generally, if the Reservation Guarantee applies and a Pet Owner accepts a new Booking with a replacement Service Provider, PetBacker.com will (with the limited exceptions described below) pay the cost difference between the original Booking and the new Booking, up to but not exceeding 12% of the total cost of the original Booking. However, if a Booking is cancelled by a Service Provider due to the Pet Owner’s failure to provide accurate or complete information regarding the pet or due to the pet’s aggressive behavior, the Pet Owner is responsible for the full cost of any new reservation.
- Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the PetBacker.com Service. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Pet Owners are aware of the cancellation policy prior to Booking.
- Refunds for Substandard Services. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services in accordance with our guidelines and policies on the Site or these terms then we may, in our reasonable discretion, cancel a Booking and issue a full or partial refund to a Pet Owner.
- General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the PetBacker.com Service to do so. For purposes of the policies and terms in this Section, the date of cancelation is the date a user cancels through the PetBacker.com Service, regardless of any separate communications between users outside of the PetBacker.com Service.
- Payment Disputes; Payment Outside of the PetBacker.com Service. PetBacker.com issues payments to Service Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment dispute are between the Pet Owner and Service Provider, and PetBacker.com has no obligation to mediate or facilitate any resolution. Further, PetBacker.com has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the PetBacker.com Service.
7. LOST/MISSING PETS
You agree that Petbacker will not be liable for any pets that have gone missing or lost when in the care or possession of the pet service provider. PetBacker will only assist by sponsoring for lost pet advertising up to a value equivalent to $100 for jobs that have been booked and paid via the PetBacker Platform. Any lost or missing pet must be reported to PetBacker within 24 hours of the incident.
P. Dispute Resolution
1. GOVERNING LAW
Aspects of the Platform and other PetBacker services may be supported by advertising revenue. As such, PetBacker may display advertisements and promotions on the service. The manner, mode and extent of advertising by PetBacker on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by PetBacker of any advertised products or services. You agree that PetBacker shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
R. Third-party Links, Contact Forms and Phone Numbers
S. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PETBACKER AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PetBacker DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. PetBacker DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. PetBacker WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRDPARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS OR SERVICE PROVIDERS IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PETBACKER.COM DOES NOT CHECK ANY PET SERVICE PROVIDER, SITTER, PET OWNER, OR OTHER USER’S BACKGROUND OR RECORD. PETBACKER.COM IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON PET SERVICE PROVIDERS AND SITTERS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF BADGES AND OTHER PROFILE ATTRIBUTES -- INCLUDING THOSE THAT REFERENCE THIRD PARTY ORGANIZATIONS -- ARE MEANT TO FACILITATE THE EXCHANGE OF INFORMATION AND DO NOT REPRESENT A WARRANTY OR ENDORSEMENT OF ANY KIND, FROM EITHER PETBACKER.COM OR ANY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
T. Limitations of Liability
1. IN NO EVENT SHALL PETBACKER, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDERS VIA THE PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PetBacker IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF PETBACKER, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO PetBacker BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT PETBACKER SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PetBacker SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
3. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO:
(A) THE USE OR INABILITY TO USE OUR SERVICES;
(B) HARM OR DAMAGE TO YOUR PROPERTY OR PETS AS A RESULT OF USING OUR SERVICES;
(C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT;
(D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES;
(E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDER, HOST, SITTER, PET OWNER, USER, OR OTHER THIRD PARTIES ON OUR SERVICES; OR
(F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, LIQUIDATED DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
3. FORCE MAJEURE
U. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE PETBACKER (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT.
YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM PETBACKER.COM. YOU RELEASE PETBACKER.COM FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE, OR OTHERWISE), EQUITABLE RELIEF, AND ANY OTHER LEGAL, EQUITABLE, AND ADMINISTRATIVE REMEDY, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR COMMUNICATION OR INTERACTION WITH OTHER USERS ON THE SITE OR YOUR EXPERIENCE AS A PET SERVICE PROVIDER, SITTER, PET OWNER OR OTHER SERVICE PROVIDER IN CONNECTION WITH THE SITE.
If you are a California resident, you waive California Civil Code Section 1542, which provides the following:
1. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to California Civil Code section 1542 that governs your rights in the jurisdiction of your residence.
V. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
W. No Third-party Beneficiaries
Y. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS