These Terms and Conditions (the “Agreement” or “Terms”) contain the terms and conditions under which you may make use of the Woofmeets LLC website at https://woofmeets.com and/or the services that we make available to you. These terms constitute a legal agreement between you ("you" or “user”) and Woofmeets LLC, which operates the Woofmeets Services, (hereinafter referred to as “Woofmeets” “we” or “us”), and, they govern your access and use of the software, mobile application, programs, website, content, products, and services (the “Services” “Platform”), made available to you.
These Terms together with the privacy policy available at ("Privacy Policy"), limited warranty available at ("Limited Warranty"), and other additional agreements referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.”
Please, read these Terms and any additional terms applicable to your use of the Platform or the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING OUT OF YOUR USE OF OUR SERVICE UNLESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1. Changes to this Agreement
We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications means such as the email address registered in your account. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.
The contents of the platform may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this site, you agree to be bound by any such revisions.
Because our Services are evolving, over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
2. Description of Services and purpose of Woofmeets
The Woofmeets Services constitute a technology platform that includes our website and mobile application designed to help Pet Owners and Pet care Businesses (“Pet Owners”), access a network of professional and pre-screened independent third-party Pet care service providers (“Pet Sitter”), and/or to other pet care services or related services including, but not limited to, pet entertainment, dog boarding, house sitting and drop-in visits, doggy daycare, dog walking and training (collectively referred to as “Pet Care Services”). The service includes all of the Woofmeets features, services, applications, technologies, and portals that we make available to advance our mission of connecting Pet Owners with professional Pet Sitters.
Subject to the terms herein, we provide other services to both Pet Owners and Pet Sitters (both “users”), including hosting and maintaining the Services, facilitating the formation of booking and Service schedules, and assisting users in resolving disputes which may arise in connection with these services made available by us. We may also provide information and tools to help Pet Owners and Pet Sitters make more decisions such as our safety resources and guides.
Woofmeets pre-screens Pet Sitters with a background check to verify information provided by Pet Sitters through a third-party background check company. However, we do not guarantee, nor do we warrant or represent, that the information displayed on the platform about a Pet Sitter is accurate or that it belongs to the Pet Sitter who provided it.
Woofmeets is not responsible for any non-performance or breach of any contract entered into between users of this service. Woofmeets cannot and does not guarantee that the concerned user(s) will perform any transaction concluded through the Services. However, we may take actions such as limiting the visibility of your account, service listing, or suspending your account if we determine that you are acting against the policies herein this agreement and other Woofmeets agreements incorporated herein by reference including all the policies and terms on our Services.
You acknowledge that any safety-related policy, feature, procedures, standard, or other initiative undertaken by Woofmeets in the interest of public safety (whether required by applicable regulations or not) are not an indication of employment, actual agency, apparent agency, or ostensible agency relationship with an independent third-party pet sitter.
We may also partner with third-party digital payment companies that facilitates the payment of Pet Sitters by Pet Owners on our platform via debit card or credit card. These payment processing services are not provided by Woofmeets but by such third-party payment processors that we make available to you and are subject to such third-party payment processors’ service terms. You, therefore, authorize Woofmeets to share certain information about you with such payment processors for the purpose of processing payments and other related services. We do not assume any liability for any payment you make through the service, and all such charges paid by you for any service on the Woofmeets platform are non-refundable unless otherwise determined by Woofmeets.
3. Woofmeets accounts: registration and acceptance
User Account: In order to access and use most aspects of the Services, you must register for and maintain a user account ("Account"), either as a Pet Owner or a Pet Sitter. To create an account, you will be required to choose a username and specify a password or by using a Single Sign-On (“SSO”) feature using your existing third-party networking accounts that are enabled by Woofmeets now or in the future such as Facebook, Google or others ("Third Party Networks"), if any. Subject to the Terms herein, certain portions of the Services are available to Site visitors, including those portions before the creation of an account.
We reserve the right to revoke the privileges of the account or access to or use of the Services, and those of any and all linked accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or account.
Account profile: To register for an account to join and make use of the Woofmeets Services, you must complete a user profile (“Profile”), which you consent to be shown to other users; to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Service or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your skills, or the services you can provide and to correct any such information that is or becomes inaccurate, false, or misleading.
Eligibility: To register for an Account or use the Services, you must, and hereby represent that you will use the Services as intended only. You also represent that you are either a legal entity or an individual who is 18 years or older (or has otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
Registration and acceptance: Account registration requires you to submit certain personal information, such as your name, email address, location information, mobile phone number and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account.
We may also require you to provide additional optional information about you and your preferences from time to time, which is not a compulsory requirement to register for a user account but may be helpful to Woofmeets in improving and providing you with a more customized user experience when using the Services.
Woofmeets reserves the right to decline a registration to join Woofmeets for any lawful reason.
Usernames, passwords, and account security: Each user who uses the Site must register for their own Account. When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use it or (b) the use would violate the Terms. You hereby acknowledge and agree that Woofmeets will not in any way be liable to you for any loss caused by unauthorized access to and use of your account.
Background checks and user identity verification: Your registration of an account with Woofmeets will be deemed your agreement to provide us with the required personal information for identity verification. Such information will be used to verify your identity, identify and prevent fraud and other financial crimes through our Services, or for other lawful purposes stated by us. We will collect, use and share such information in accordance with our Privacy Policy. When you register for an account and occasionally thereafter, your identity may be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government documents that can confirm your identity. You authorize Woofmeets, directly or through third parties, to make any inquiries necessary to validate your identity, carry out criminal record checks, motor vehicle records checks, and other necessary types of verification we deem necessary subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government and cooperating with other reasonable requests we make to help verify your identity.
In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within two (2) years after your account is closed, in compliance with global industry standards on data storage.
4. Relationship with Woofmeets
You acknowledge, agree, and understand that we only provide an online platform for Users to find, connect and work with each other. We are not a party to the relationship or any dealings between users of the Services nor are we directly engaged in your discussions or the provision of Pet Care Services by Pet Sitters. Your agreements with other Users, including their due diligence and execution under the agreements, are subject to your own responsibility. This also applies to any content you upload to Woofmeets. Woofmeets is not responsible for any non-performance or breach of any contract entered into between users of our Services.
Although Woofmeets will make necessary efforts to ensure that a user will perform its expected duties, we cannot and do not guarantee that the concerned user(s) will perform any transaction concluded through the Services. You accept and agree that Woofmeets does not supervise, direct, control, or monitor Users in the performance of any contractual duties they may enter into and recognize and agree that: (a) Woofmeets is not responsible for verifying the accuracy or legality of any User Content, for which Users are entirely accountable; (b) Woofmeets is not responsible for the provision, performance, or procurement of Pet Care Services; and (c) Woofmeets does not make any representations about or guarantee any particular Pet Sitter’s offered services, and (d) nothing will create an employment, agency, or joint venture relationship between Woofmeets and any Pet Sitter offering services. Even while we might provide certain badges on Pet Sitters profiles, these badges do not represent guarantees of anything, including the competence, suitability, or willingness of the Pet Sitter or Pet Owner to perform the agreed service.
You also acknowledge and agree that Users, not Woofmeets, are entirely responsible for (a) assessing and determining the suitability of any user; (b) determining whether to engage the service of another User and for verifying any information about another User; and (c) negotiating, agreeing to, performance and monitoring of such performance between you and another user. All Service and understanding between Users are directly between the Users and Woofmeets is not a party to such understanding.
As a Pet Owner, you also acknowledge, agree, and understand that Pet Sitters are solely responsible for determining, and have the sole right to decide which appointment to accept; the time, place, manner, price, and best means of providing the Services. As a Pet Sitter, you further acknowledge, agree, and understand that:
you are not an employee of Woofmeets, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers' compensation insurance);
Woofmeets will not have any liability or obligations, including under or related to Service Agreements and/or Woofmeets’ Services for any acts or omissions by you or other Users;
Although we may provide acceptable guidelines, we do not, in any way, supervise, direct, or control any user; we do not impose quality standards or a deadline for completion of any Services; and we do not dictate the performance, methods, or process used to perform services;
You are free to determine when and if to accept an appointment, including the days worked and time periods of work. Woofmeets does not set or have any control over your work hours, work schedules, or work location; and,
Woofmeets does not provide Pet Sitter with training or any equipment, labor, tools, or materials related to providing the service
5. Intellectual property and trademarks, license, and restrictions
Intellectual property and trademarks: This platform is controlled and operated by Woofmeets and all material on the Services, including but not limited to software, images, illustrations, user interface, text, scripts, graphics, audio clips, video clips, and other interactive features (collectively the “Woofmeets materials”), made available to you on the Services. Logos, trademarks, and service marks contained herein, are owned by Woofmeets. Other service marks, logos, and names on this Site are the property of their respective owners. Any use of the Services or the contents made available to you on the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Woofmeets at any time without notice and with or without cause.
License and restrictions: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
6. Appointment booking and booking terms
6.1 Appointment booking
Woofmeets offers you the ability to search for, select and hire Pet Sitters through the Woofmeets Services. If you make a service booking on the Service, you agree to be bound by the terms and conditions of the Pet Sitter, which are incorporated into this Agreement and shall govern in the event of any discrepancy, to the extent a question or issue involves booking such Pet Sitter.
Woofmeets and its affiliates will not interfere with bookings arbitrarily, but we reserve the right to cancel or not process a booking because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a booking request may be fraudulent.
6.2 Booking cancellation and refunds
Woofmeets encourages users to try and resolve differences amicably without having to cancel an already booked service. Nevertheless, where a user decides to cancel a booked appointment, such cancellation will be subject to the Pet Sitter’s cancellation policy.
Pet Sitters will be required to create and publish rules under which cancellations and refunds will be accepted. This means each Pet Sitter is responsible for their policies regarding booked appointment cancellation, and as such, individual policies may vary from Pet Sitter to Pet Sitter. Pet Sitters are expected to clearly state their policies regarding cancellation and this includes:
Whether or not you accept cancellations
The time frame in which you may agree to a cancellation request
Applicable fees for cancellations requested during and after your published cancellation timeframe.
However, Pet Owners will be issued a full refund of their money paid where cancellations are initiated by the Pet Sitter or for the Pet Sitter’s failure to provide the services requested for and agreed to between the Pet Owner and the Pet Sitter.
By hiring a Pet Sitter, a Pet Owner agrees to such additional terms as may be published by the Pet Sitter before an appointment booking is completed.
7. Woofmeets service fees, subscription, billing, and payment
7.1 Fees for Pet Sitters
Service fees: As a user of our services, you agree to pay Woofmeets certain fees in exchange for us providing the services (including marketing, booking, pre-screening, invoicing, reporting, payment, communication, and dispute resolution services) to you and you agree that we may collect certain taxes. Pet Sitter agrees to pay Woofmeets either a recurring subscription as set forth on our pricing page.
Subscriptions: By selecting to purchase any of the Woofmeets subscription plans, you agree to pay a subscription fee on a designated cycle for the Services that we make available to you (the "Subscription Fee") as described on our Services at the time your purchase such plan. The first Subscription Fee will be charged to your Payment Method on the date your subscription is purchased. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.
Billing cycle and authorization for automatic payment: The Subscription Fee will be billed at the time you purchase your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You irrevocably authorize and instruct us to automatically charge the fees for the Membership Plan at the beginning of each billing cycle. This authorization will remain in full force and effect until you expressly cancel your subscription.
Payment terms: The fees we charge for using payable services and payment methods accepted by us are made available to you on the Woofmeets services. You may be required to provide us with your credit card, debit card, or other payment details (“Payment details”) when you make use of any of the paid services that we offer. Payment for any of our paid services can be made by most major credit or debit cards, and by other online payment methods made available to you on the payment page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit cardholders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your request and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal.
By providing payment details through the Services and authorizing payments with such provided payment details, you represent, warrant, and covenant that:
You are legally authorized to provide such information.
You are authorized to make payments using the provided payment details.
You represent and warrant that there are sufficient funds or credit available to complete the payment using the designated payment method. To the extent that any amounts to be charged under this Agreement or the other Terms of Service cannot be collected from your provided payment details, you are solely responsible for paying such amounts by other means.
While we will use credible third-party payment processors with industry-standard efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom
Change in fees: We reserve the right to make changes to our pricing at our sole discretion and will be responsible for communicating any price changes to you through the Services.
Updating payment method: You may update your payment method at any time within your account settings. If at any time your payment method is unable to be charged for the Subscription or other fees due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such fees. A change in your payment method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the payment method associated with your account. In the event your payment method is unable to cover any fees due, we reserve the right to suspend your respective accounts and access to the Service, until such time as the payment method has been updated to permit a charge on your payment method for the fees due.
Cancellation: You may cancel your subscription at any time by following the instructions on your account settings page. If you cancel a subscription, you typically will be allowed to use your current subscription until the end of your then-current subscription term. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.
Refunds: Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are canceled mid-term. In such a circumstance, you will continue to have access to your subscription until the end of the term’s billing cycle.
7.2 Pet Owner fees
As a Pet Owner and user of the services made available to you on the Platform, you agree to pay the total fees indicated on your booking description. After you have received the services agreed upon between you and a Pet Sitter through the use of the Woofmeets’ Services, we will facilitate your payment of the applicable charges on behalf of the Pet Sitter. Charges may include other applicable charges, federal, state, and local taxes. Charges paid by you are final and non-refundable unless otherwise determined by us. You agree not to make any alternative payment arrangement with the Pet Sitter who performs the Service.
Pet Owner hereby authorizes Woofmeets, to run credit card authorizations on the credit card provided by Pet Owner, to store credit card and banking or other financial details as Pet Owner’s method of payment consistent with our Privacy Policy, and to charge Pet Owner’s credit card (or any other Payment Method) for the Pet Sitter fees and any other amounts owed under the Terms. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and Pet Sitters to process payments and manage your Payment Method information.
By providing Payment Method information through the Services and authorizing payments with the Payment Method, Pet Owner represents, warrants, and covenants that:
The Pet Owner is legally authorized to provide such information;
The Pet Owner is legally authorized to make payments using the Payment Method(s);
if Pet Owner is an employee or agent of a company or person that owns the Payment Method, that Pet Owner is authorized by the company or person to use the Payment Method to make payments on Woofmeets; and
such actions do not violate the terms and conditions applicable to Pet Owner’s use of such Payment Method(s) or applicable law.
When Pet Owner authorizes a payment using a Payment Method via the Services, Pet Owner represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Pet Owner’s Payment Method(s), Pet Owner is solely responsible for paying such amounts by other means
While we will use industry-standard efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
8. Additional terms for Pet Sitter
Taxes, insurance, and benefits
Pet Sitter acknowledges and agrees that Pet Sitter is solely responsible for (a) all tax liability associated with payments received from Pet Sitter’s Clients and through Woofmeets and that Woofmeets will not withhold any taxes from payments to Pet Sitter; (b) obtaining any liability, health, disability, unemployment, or other insurance needed, desired, or required by law, and that Pet Sitter understands that he is not covered by or eligible for any insurance from Woofmeets; and (c) for determining whether Pet Sitter is required by the applicable law to remit to the appropriate authorities any value-added tax or any other taxes or similar charges applicable to the Pet Sitter Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate.
Service fulfilment and completion
You agree that by making yourself available to be hired on the Services, you will honor any booking request that you have accepted and will work as required by the job described by the client. As a Pet Sitter, if you cannot fulfill a booked service appointment or if we discover that you have provided false information about your skills or the services that you can offer, we may suspend or disable your account.
Appointment as limited payment collection agent
Woofmeets will collect payment from Clients based on the price of the service requested at the time of booking request by the Client. Pet Sitter hereby appoints Woofmeets as Pet Sitter’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from client, and remitting those payments to Pet Sitter. Pet Sitter agrees that payment from the client to Woofmeets shall be considered the same as one made directly to Pet Sitter. The client’s payment obligation to Pet Sitter will be satisfied upon receipt of payment by Woofmeets (or its Payment Services Provider, as applicable), and Woofmeets (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Pet Sitter in the manner described in the “withdrawal terms” below. If Woofmeets (via Payment Services Provider) does not remit any such amounts to Pet Sitter, the Pet Sitter will have recourse only against Woofmeets and not the client directly. Pet Sitter agrees that Woofmeets may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to the client that Woofmeets may deem necessary or prudent.
Revenue withdrawal terms
To withdraw your revenue from the platform, Pet Sitter must have a valid payment method attached to their Woofmeets account. Withdrawals will be made to you in accordance with the "Service fees” clause in section (iii) above.
We make use of several payment processors as our payment partners and as such, Pet Sitter may be required to provide certain information such as their name, billing address, tax ID, and other information required by such payment partners. Revenues are made available to Pet Sitters on a weekly basis and withdrawals can only be made in the amount available to you based on the fees for the services completed. The duration it takes for Pet Sitter to receive payments after a payout request is initiated may be subject to the applicable payment processor’s terms and conditions, which may also impose their own additional charges for the use of their services directly on the Pet Sitter.
Account holds and restricted funds
Woofmeets reserves the right to put your account on hold or permanently suspend or disable your account due to your breach of these terms and/or due to any inappropriate use of the website or the services that we make available to you. If we conclude that your actions and/or performance in connection with this Agreement may result in disputes, chargebacks, or other claims against other users, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made until such issue is resolved.
Damage to property and/or person
Where there is a physical meeting between the client and the Pet Sitter, any and all damage, injury, breakage, or destruction to Pet Owner and/or Pet Owner’s premises caused by the Pet Sitter shall be repaired at the sole expense of the Pet Sitter. Pet Sitter agrees to be responsible to the client for any damage claim.
Confidential information
Pet Sitters may agree to any terms they deem appropriate with respect to the confidentiality of their dealing. To the extent a Pet owner provides confidential information to you; the recipient, the recipient will protect the secrecy of the discloser’s confidential information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s confidential information to anyone without first obtaining the express written consent of the owner of the confidential information; (b) not use or permit the use of another’s confidential information, except as necessary for the performance of the Services and (c) limit access to another’s confidential information to its personnel who need to know such information for the performance of the requested Services.
9. User content
Some of the content on our Services are made available by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Woofmeets reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So, we cannot—and do not—take responsibility for any content that others provide through the Services.
Content you submit
Subject to the limitations set forth herein, our Services may contain blogs, pages, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User-generated Submission") on or through the Services.
User-generated submission and content are the contributions of independent users not affiliated with Woofmeets, whose opinions are their own. Woofmeets does not guarantee the accuracy, integrity, or quality of the opinions and advice posted on the site by users. Your use of any user submission provided on the website is at your own risk.
You also agree to only post User-generated submissions to Woofmeets if you know you have the necessary rights to do so. By uploading a User-generated submission, you represent and warrant that (a) you own or otherwise control all of the rights to such User-generated Submission; (b) that the User-generated Submission is accurate; (c) that the use of such submission does not violate this Agreement and will not cause injury to any person or entity, and (d) that you will indemnify Woofmeets for all claims relating to such submission.
Unless we indicate otherwise, by posting or submitting such User-generated Submission to the Services, you grant Woofmeets a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Woofmeets and its affiliates are free to use any ideas, concepts, or know-how contained in your content for any purpose whatsoever including, but not limited to the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Monitoring your User-generated submission
We may, but are not obliged to monitor the use of any feature made available to you for use from time to time. However, we still rely on you to inform us of any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged, or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Woofmeets please contact us.
Woofmeets is not in any way involved in any arrangements made between Users. Any postings on Woofmeets and the uploading of any photos, pictures, videos, animations, or other audio-visual material to Woofmeets by users of the Services does not constitute any form of recommendation, representation, endorsement, or arrangement by Woofmeets. In particular, we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement, or its quality or safety. Please contact Woofmeets if you have any concerns about the content of any information seen on the website.
You also understand that any information posted via the website or other communication features made available to you on the Woofmeets Services is the opinion of the person posting such User-generated submission or information. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all Users to contact us in respect of any suspicion of misuse.
We reserve the right (but we are not obliged) to do any or all of the following:
investigate a claim that any one or more items of content do not comply with the acceptable use rules set out herein this Agreement or as may be determined in our sole discretion to remove or request the removal of the content;
remove without notice any content that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms;
terminate a user's access to post content;
monitor, edit, or disclose any content; edit or remove any content posted on Woofmeets, regardless of whether such content breaches these Terms;
suspend or terminate your access to Woofmeets.
10. Rights that you grant us over your content
Some of our services allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
Granting us a license to make use of your content does not deprive you of the rights you have over such content; you own the intellectual property rights in any such content that you create and share on Woofmeets. This implies that when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
This means, among other things, that you will not be entitled to any compensation from Woofmeets, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services.
In addition, you agree that we and our affiliates:
are allowed to retain and continue to use your content after you stop using Woofmeets;
may be required to retain or disclose your content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal processes; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
may be required to retain or disclose your content in order to enforce these Terms or to protect any rights, property, or safety of ours, our affiliate companies, or other users of Woofmeets.
You understand that even if you seek to delete your content from Woofmeets, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of your content that you have made public via Woofmeets.
While we are not required to do so, we reserve the right to block or remove your content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations, or in accordance with the Copyright Policy. We reserve the right to artificially manipulate the visibility, status, or rank of your content on Woofmeets.
You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
11. User representation and acceptable use
You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
You shall not host, display, upload, modify, publish, transmit, update or share any listing or information which:
belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person's content such as providing links to them, providing information about them;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Services or to profiles, blogs, communities, account information, bulletins, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms.
Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
You shall not attempt to manipulate or misuse the feedback system, including by:
Making attempts to compel another user by threatening to leave negative feedback on such user;
Expressing or communicating views and values that are unrelated to the service, such as religious, social commentary, sexual or political views, in the feedback system; or
Offering to make a payment or anything of value in return for obtaining feedback without actually offering a service.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered, by hacking, password "mining" or any other illegitimate means.
You shall not attempt to encourage, permit, or allow other users of the Services to do anything that is prohibited or anything that violates the terms of this agreement.
You shall not use our Services for fraudulent or illegal purposes, or in connection with a criminal offense or any other unlawful activity.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Services, or any other customer, including any account on the Services not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Services.
You shall not attempt to obtain another user’s account username, password, or other security information.
You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person's use of the Services.
You shall not use our Services for any other purpose that is other than what is intended by Woofmeets as described herein.
The content you access: It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Services, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Services. Please carefully select the type of information that you publicly disclose or share with others on the Services.
12. Your safety; interaction with other users and assumption of risk
The Services allow you to interact with other users, either in person or online. Although Woofmeets strives to encourage a respectful member experience, Woofmeets is not responsible for the conduct of any member on or off of the Services that we provide. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.
By making use of the Services, you understand and agree that we have the right to monitor your access and use of the Services for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We also have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the terms herein.
Assumption of risk: Although we encourage a respectful and seamless user experience during the service period, we will not be held responsible for the conduct of any User. You understand that providing services as a Pet Sitter may come with inherent risk and you agree to use caution and apply common sense in all interactions with other users.
While we make reasonable attempts to verify Users of the Woofmeets Platform, you understand and agree that we cannot confirm that each User is who he/she/they claim to be. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User, and you release Woofmeets, its subsidiaries, and their respective employees, directors, and agents from all claims, demands, and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
13. Non-discrimination policy
Woofmeets prohibits discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Woofmeets wants all of our users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.
Such discrimination includes, but is not limited to, intentionally refusing or canceling bookings solely for the purpose of avoiding certain characteristics of the people or businesses that are located in a location or because you are uncomfortable with certain persons based on perceived traits or traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
14. How we communicate: consent to electronic transaction, communication, and disclosures
To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from Woofmeets to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Woofmeets website and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
Consent to monitoring and recording of calls: Woofmeets may, at its own discretion and without further notice or warning to you, monitor and/or record telephonic communications for our business purposes, such as quality control, fact verification, and training purposes and to help protect our rights and the rights of others, and you hereby consent to such monitoring and recording. All calls between Woofmeets and any user will be confidential.
Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and other users on the Woofmeets Services. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the Woofmeets service.
15. Non-circumvention; and not sharing personal contact information
As a user of the Woofmeets service, you hereby agree to keep all bookings, payments, and other related activities within the Woofmeets platform. You consent to make use of the Woofmeets platform as your exclusive means for service bookings, to make and receive all payments for services provided and received. For clarity purposes, this includes bookings and payments for future services where such parties were introduced through the Woofmeets Services.
For your safety and protection, you agree not to share your personal information such as your email address, telephone numbers or other personal contact details to communicate outside of Woofmeets in order to circumvent the Woofmeets messaging system.
You also agree not to solicit, offer or accept any proposal to engage in making bookings and receiving payments outside of Woofmeets. You also agree to immediately notify Woofmeets if a user suggests to you making bookings outside of the Woofmeets Services or advises you to make or receive payment other than through the Woofmeets platform.
You understand that a violation of this section is a breach of this Terms of Service and your account may be permanently suspended if you are found to be in violation of this section.
16. Copyright infringement and DMCA notification
Woofmeets respects the intellectual property of others and asks its users of the Services to do the same. Our Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Woofmeets has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work has been copied and is accessible on any of Woofmeets’ Services in a way that constitutes copyright infringement, please notify us by sending us an email at contact@woofmeets.com.
Notification of alleged copyright infringement
In order to be valid, the notification must be in writing and must contain the following information:
a description of the copyrighted content or other intellectual property that you claim has been infringed;
a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
your address, telephone number, and email address;
a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
Counter-notification of alleged copyright infringement
If you believe that your content on the Woofmeets Services was wrongly taken down or disabled by a DMCA takedown, you have the right to contest such takedown by submitting a counter-notice to us. Your counter-notice must contain the following information and sent to our email at contact@woofmeets.com.
your name, telephone number, email address and physical address;
a description and identification of the content that has been taken down or disabled as well as the location at which the content appeared before it was taken down or removed, including any applicable URLs;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material in question; and
Your electronic or physical signature.
Upon receipt of a counter-notice from you, we may provide a complete unredacted copy of your counter-notice to the complaining party and inform the complaining party that we may restore the disabled content. unless the complaining party files an action seeking a court order against us, the disabled content may be restored by us.
Please note that we exercise little discretion in the whole DMCA process other than determining whether notices meet the minimum requirement as detailed above. You also understand that: (i) any person who knowingly misrepresents to us that material is infringing shall be liable to us and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by us and/or the alleged infringer as a result of our reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to us that the material was removed or access blocked by mistake or misidentification shall be liable to us and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by us and/or the copyright owner or its authorized licensee as a result of us relying on such misrepresentation and replacing such removed or blocked material.
17. Ratings and reviews, suggestions and comments, user-generated content and submissions
Ratings and reviews
Woofmeets provides a feedback system that provides a means through which users can share their opinions about other users publicly. Woofmeets does not monitor, influence, contribute to or censor these opinions. Users acknowledge and agree that posted reviews and any other Information relate only to the transaction agreement between the Pet Owner and the Pet Sitter. Users agree not to pressure another User into writing only positive reviews or pay for getting reviews on a service offered.
Woofmeets does not generally investigate any remarks posted by Users or other user content for accuracy or reliability and does not guarantee that user content is accurate.
In order to protect the integrity of the review system and protect users from abuse, Woofmeets reserves the right (but is under no obligation) to remove posted reviews or information that, in Woofmeets’ sole judgment, violates the Terms of Service or negatively affects our platform, diminishes the integrity of the review system or otherwise is inconsistent with the business interests of Woofmeets. You acknowledge and agree that you will notify Woofmeets of any error or inaccurate statement in your review, including the review information, and that if you do not do so, Woofmeets may rely on the accuracy of such information.
Suggestions and comments
If users elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to Woofmeets in connection with or related to any of the Woofmeets Services (including any related technology), Woofmeets will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to protect Woofmeets’ systems and users, or to ensure the integrity and operation of Woofmeets’ business and systems, Woofmeets may access and disclose any information Woofmeets considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content.
From time to time, we may provide suggestions on how to make use of our service. Your use of such suggested information shall be at your own risk, we shall not be responsible for how you make use of such suggestion or the outcome of your use of such suggestion.
User-generated content and other submissions
We may permit you from time to time to submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, or initiation of support requests ("User-generated content").
Please be aware that user-generated contents shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing or otherwise submitting any user-generated content to the Woofmeets Services, you understand and agree that you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate such user-generated content in any existing or future media including on all existing and future social media platforms.
You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. As between you and Woofmeets, you agree and represent that you own or otherwise control all of the rights to the contents that you provide onto the Services and that such content must not be unlawful, illegal, must not infringe on any third-party legal rights, and must not have the capacity of bringing about any legal action; whether against you or us.
We shall have no obligation to monitor the contents provided by the Service users, nor shall we have an obligation to remove any User-generated content that you have opted to input and share on our Services. However, we have the exclusive right to review any material posted to the Services and to remove any materials at our sole discretion. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any User-generated content or other materials, in whole or in part, in our sole discretion.
We do not control or endorse the content, messages or information found in any User-generated section and, therefore, we specifically disclaim any liability with regard to them and any actions resulting from what you do with any of such content. You are solely responsible for all content that you upload, post, publish, display or email via the Service. Woofmeets does not endorse any User-generated content, submission, opinion, recommendation, or advice expressed therein, and we expressly disclaim all responsibility or liability in connection with User Content or submission(s).
18. Violations and reporting violations
Users of the Service may receive a warning to their account for violations of any of these terms or for any user misconduct reported to us. A warning may be sent to the email address attached to the user account. Warnings do not limit account activity but can lead to the user’s account being suspended or becoming permanently disabled based on the severity of the violation.
If you come across any content that may be in violation of these Terms, you should report it to us immediately so that we can take appropriate actions. All cases are reviewed by our team. To protect individual privacy, the results of the review may not be shared and you understand that except as required by law, you understand and accept that we are not obligated to take action in response to any report. You can review our Privacy Policy for more information on our disclosure practices.
19. Third-party links and services
Some links on the Services may allow you to leave the Site. The linked sites and services are not in any way under the control of Woofmeets, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.
You, however, understand that Woofmeets is not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.
You understand that any content or information made available or expressed by a third party on the Woofmeets platform is that of the respective owner(s) and not ours. Woofmeets neither approves nor is responsible for the accuracy, currency or reliability of any content, opinion, information, advice or statement made on the Site by anyone.
20. Release
In addition to the recognition that Woofmeets is not a party to any contract between Users, you hereby release Woofmeets, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exists as of the time you enter into this agreement.
This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Services provided by a user and requests for refunds based upon disputes.
21. Privacy Policy
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Terms. Please be advised the Service is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
22. Warranty disclaimer
The contents of our Services have been compiled by us from internal and external third-party sources. While we have made attempts to provide accurate and valid information on our Services, no representation is made or warranty given as to the validity, completeness, availability, timeliness, security, reliability or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.
Our Services and the site services are provided “as available” and on an “as-is” basis. Woofmeets makes no warranties of any kind, expressed or implied. We strive to provide our Services 24 hours a day 365 days a year, but we do not guarantee our Services will always be available. Woofmeets will not be liable for any loss due to our Services not being available. We will not be liable for any loss due to errors in our software or the software of others that we use.
To the fullest extent permissible by applicable law, we disclaim all responsibility, liability, representations, and warranties of any kind, express or implied for: (i) operation, accessibility, or security of this Services, and the accuracy, completeness, availability, timeliness, currency, or reliability of any of the content or data found on our Services, (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our Services may be interfered with by numerous factors outside of our control. Your use of the Services that we offer is at your sole risk.
23. Limitation of liability
To the extent permitted by law, we assume no responsibility, and in no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall Woofmeets or any of its employees, directors, officers, agents, or suppliers be liable to you or any other person for any loss, claim, damage, lost profits or any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your access to, or inability to access, the Services, or from your reliance on any information provided on the Services, even if we have been advised of the possibility of such damages.
The Woofmeets site is only a venue for connecting users. We are not responsible for assessing the suitability, legality or ability of any user and you expressly waive and release Woofmeets from any and all liability, claims or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way related to any user. We expressly disclaim any liability that may arise between you and any user. The quality of the item or services received through the use of the Woofmeets Services is entirely the responsibility of the user who makes such items available and who ultimately provides such services to you. You understand, therefore, that by using the Woofmeets Services, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the Woofmeets Services at your own risk. Nothing in this agreement or the Woofmeets Services constitutes or is meant to constitute, advice of any kind.
Additionally, the limited liability of Woofmeets, our affiliates, our licensors, and our third-party service providers to any user for any claim arising out of or in connection with this Agreement will not exceed the lesser of: (a) $100 or (b) any fees retained by Woofmeets with respect to service contracts on which user was involved as Pet Owner or Pet Sitter during the twelve-month period preceding the date of the claim.
In the event that a dispute arises between users of the Services, each party agrees to release Woofmeets from any and all forms of demands, claims, and damages (actual and consequential, known and unknown, disclosed and undisclosed, suspected or unsuspected) arising from such dispute because Woofmeets is merely providing a platform for the user. Woofmeets is not involved in the transaction between users of the Services.
24. Indemnification
You hereby agree to indemnify, defend, and hold harmless Woofmeets, our Affiliates and each of their respective stakeholders, and our respective directors, officers, employees, representatives, and agents (each an “Indemnitee”) from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly:
your use or misuse of or inability to use the Woofmeets Services,
your violation of this Agreement,
your violation of any applicable law or regulation;
your violation of the rights of another, and
your information and content that you submit or transmit through the Woofmeets Services.
Woofmeets reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Woofmeets.
25. Agreement term and termination
Unless both you and Woofmeets expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.
Termination by Woofmeets: We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account. Without limiting Woofmeets’ other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Services, deny your registration, or permanently revoke your access to the Services and refuse to provide any or all Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Woofmeets or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without Woofmeets’ prior written consent.
Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
26. Choice of law and jurisdiction
These Terms and your use of the service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles and the laws of the United States of America. These terms and the laws will apply no matter where in the world you live, but you may be entitled to the protection of certain mandatory consumer protection laws of your local consumer protection law if you live outside of the United States.
27. Dispute resolution; arbitration
Dispute with other users of Woofmeets
In the event that you find yourself in dispute with other users of the Woofmeets Services or a third party, we advise you to contact such a party and try to amicably resolve the dispute. You further release Woofmeets, or any of its employees, directors, officers, agents, or suppliers from any claims, damages, and demands that may arise out of disputes with other parties or users of the Woofmeets Services.
Dispute with Woofmeets
Informal negotiations
To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the Woofmeets Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at contact@woofmeets.com to address any concerns or questions that you may have regarding your use of the Woofmeets Services.
Agreement to Binding Arbitration
You and Woofmeets agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Woofmeets with written notice of your desire to do so by email at contact@woofmeets.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Woofmeets with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Woofmeets Services will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.
(iii) Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(v) Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act.
(vi) Class action and class arbitration waiver
You and Woofmeets agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(vii) Changes
Notwithstanding the provisions as regards how we can make changes to these Terms, if Woofmeets changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to contact@woofmeets.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Woofmeets’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Woofmeets in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
28. Survival
After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or Woofmeets from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
29. General provisions
Severability
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Waiver
No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.Assignment
A user may not assign these Terms, or any of its rights or obligations hereunder, without our prior written consent in the form of a written instrument signed by a duly authorized representative of Woofmeets. We may freely assign this Agreement and the other Terms without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
Notices
Any notices or other communications provided by Woofmeets under these Terms, including those regarding modifications to these Terms, will be given: (i) by Woofmeets via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted
Force Majeure
Notwithstanding the other provisions of this Agreement, if either party is in good faith prevented from performing its obligations under this Agreement because of an event beyond the control of the Party concerned, including without limitation, war (declared or undeclared), acts of god, terrorism, earthquake, accident, explosion, fire or flood, such Party will promptly notify the other Party, and while so affected, the affected Party will be relieved from performing its obligations provided that, the Party affected will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.
Woofmeets also reserves the right to modify, suspend, or cease to operate entirely in the event where operations become inoperable. We shall not be liable to you for any liability or impact that any of such modifications to, or cessation of the Woofmeets Services may have on you.
Website crashes, outages, or downtime
Woofmeets does not warrant that the Services will be uninterrupted or available at all times and as such, unscheduled and scheduled interruptions may occur. From time to time, interruptions, delays, crashes, outages, errors or other hindrances in providing the Services may occur due to a variety of factors, of which some may be outside of Woofmeets’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the site or the Services in general (collectively, “Downtime”).
In the event of scheduled maintenance or downtime, users may be notified and we shall endeavor to complete such scheduled maintenance as quickly as we can. However, in the event of an unscheduled downtime such as a crash, we shall endeavor to reasonably resolve such a problem and restore the service as quickly as we can. During these unscheduled or scheduled downtimes, users may be unable to transmit or receive data through the Services. You understand and acknowledge that part or all of the Services may be unavailable during any such period of downtime, and you acknowledge that Woofmeets will not be liable or responsible to you for any inconvenience or losses in any way to you as a result of such downtime or loss of user contents temporarily or permanently.
Entire Agreement
These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the Services and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.
30. Questions or complaints?
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at contact@woofmeets.com.