PetServ, LLC Terms & Conditions
I. Terms and Conditions.
These Terms of Service (the “Terms”) are a binding legal agreement between you and PetServ, LLC (“PetServ, LLC,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “PetServ, LLC Service”).
A. The Terms govern all use of the PetServ, LLC Service, whether you access it from our website at https://www.PetServ.Pet, LLC(the “Site”), our mobile applications and mobile websites, all PetServ media applications, our online or phone support offerings, or any other access point we make available to you. By accessing or using this PetServ, LLC service, you agree and accept these terms and conditions. If you disagree with any of these terms and conditions, you should not accept them and therefore you waive your rights to utilize any of PetServ, LLC services.
B. Further, you understand and agree that we reserve the right to change these Terms and Conditions from time to time, and that any such changes will be effective immediately (except as otherwise described in Section XVII below) when posted on this site as the modified Terms and Conditions on the PetServ, LLC Service. Your continued access and use of the PetServ, LLC Service constitutes your approval to be bound to any modified Terms and Conditions when amended.
II. PetServ, LLC Service.
A. Nature of the PetServ, LLC Service. The PetServ, LLC Service consists of a desktop Web application, mobile applications, and other related tools, support and services enables PetServ to connect pet owners (“Pet Owners”) with our member providers (“Service Providers”) for their desired pet-related services. We charge fees for some aspects of the PetServ, LLC Service, as described below in Section X.
B. PetServ, LLC does not provide pet care services nor is a Service Provider. PetServ, LLC is a neutral venue for Service Providers and Pet Owners. PetServ, LLC provides resources and support specifically described in the PetServ, LLC Service. We make no representations or warranties about the quality of the services provided by Service Providers (in nine different categories), or about your interactions and dealings with users. Though we provide general guidance on our Site to Service Providers about safety and pet care and to Pet Owners about selecting and engaging Service Providers, PetServ, LLC does not employ, contract, recommend or endorse Service Providers or Pet Owners, and PetSErv LLC will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We facilitate background checks and screen our Service Providers before we accept their memberships to help guide pet owners. You should exercise caution and make your independent judgment before engaging a Service Provider, providing services, or otherwise interacting with users via the PetServ, LLC Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. Therefore, each user of the PetServ, LLC Service is responsible for communicating his or her pet’s medical condition and needs while keeping his or her own pet’s vaccinations up-to-date. Further, PetServ, LLC will have no liability for a Service Provider who fails to administer required medication to a user’s pet or for a Pet Owner who fails to keep his or her pet’s vaccinations current.
C. Release. We hereby expressly disclaim, and you hereby hold us harmless from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline. You understand and fully agree that any transaction for procurement of pet services from a Service Provider or for a Pet Owner is at your sole total and exclusive risk.
D. Although PetServ, LLC screens applications and performs background checks before admitting all of its Service Providers for membership, Pet Owners are solely responsible for evaluating the fitness of Service Providers for the services they offer to provide. Although PetServ, LLC collects data directly from the applicant and third party sources, PetServ, LLC does not warrant such data as accurate, complete, conclusive or up-to-date. Similarly, while PetServ, LLC assesses reviews of Service Providers by other Pet Owners that may be available via the PetServ, LLC Service, you consent that PetServ, LLC makes no guarantee the legitimacy or accuracy of such reviews.
By accessing and using the PetServ, LLC Service, you certify that (1) you are 18 years of age or older, and (2) if applying to be a Service Provider, you are legally eligible to work in the jurisdiction where you will provide Pet Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Pet Services. You understand that PetServ, LLC while evaluating your application will attempt to verify the data you provide. Therefore PetServ, LLC reserves the right to reject your membership if any of your responses on the application is determined as not truthful.
Service Providers must provide their own pet insurance. PetServ, LLC. does not provide, nor broker pet service insurance.
Our collection and use of your personal information on the PetServ, LLC is not shared or sold to any third party without permission.
If you are a Service Provider, you agree that we have no obligation to provide you with the content of any reviews about you presented by other users of the PetServ, LLC Service, whether before or after termination of your membership for the PetServ, LLC Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to post, screen, edit or remove these reviews from the PetServ, LLC Service at any time.
VII. Suspension and Termination.
A. Conduct on the PetServ, LLC Service. When you use the PetServ, LLC Service, you agree:
- To use the PetServ, LLC Service only in a lawful manner and only for its intended purposes.
- Not to provide false information in your application for, the PetServ, LLC Service.
- Not to use the PetServ, LLC Service, or engage with other users of the PetServ, LLC Service, for purposes that violate any Federal or Maryland law.
- Not to use the PetServ, LLC Service to arrange for the care of exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock, or any animal with a history of attacks on pets or people.
- Not to solicit any other user of the PetServ, LLC Service for any purpose outside of their desired pet-related services request.
- Not to post “spam” or other unauthorized commercial communications.
- Not to interfere with our provision of, or any other user’s use of, the PetServ, LLC Service.
- Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
- To use the PetServ, LLC Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the PetServ, LLC Service by any other person.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to hack, submit viruses or other malicious code to or through the PetServ, LLC Service.
B. You understand and agree that we have no obligation to provide the PetServ, LLC Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the PetServ, LLC site is inappropriate or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the PetServ, LLC Service at any time.
VIII. Location Information.
The PetServ, LLC Service’s website may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow users to determine which other users are nearby. We may also use this location information to provide information and advertising. If you wish to prevent the automatic collection of your location information, you will need to opt out from the geolocation prompt that may appear on your screen or turn off your change your privacy settings on your device.
You agree to PetServ, LLC communicating with you about the PetServ, LLC Service by phone, SMS, text message, email and other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications. In the event you deactivate any phone number provided to us for this purpose, you agree to update your PetServ account information promptly to ensure that messages are not sent to the person who acquires your old number.
X. Fees & Payment.
A. Fees for Pet Owners. Pet Owners pay no fee to PetServ
B. Fees for Service Providers.
1. Monthly- After initial free trial period ends on March 31, 2018, as a Service Provider, you agree to provide a payment of 19.99 per month. Our service fee is a fixed a rate payable monthly. You understand and agree your membership automatically renews monthly. You agree that PetServ will process your card the beginning of each month so your cancellation will not be effective until the following month.
2. Annually- For a discount of 25% per year, you may opt to pay in one lump sum for PetServ Services for one year in advance for the lump sum of $180.00. You understand and agree that your membership renews annually. You can cancel your annual membership at any time after providing at least 30 days notice. You consent to an early cancellation fee of $30 if you wish to cancel your annual membership before the year has elapsed. We will then refund any unused portion of your annual membership to you less this early cancellation fee.
3. Other fees- You agree to be charged $35.00 for any chargeback from your credit card or returned check per occurance.
XI. Vetting Process for Service Providers.
A. Prior to your admission as one of our Service Providers, per Section III, PetServ, LLC you agree to a background check of your online application. You hereby consent to the collection, use and disclosure of the information in the Background Checks, and you agree to provide complete and accurate information for your Background Check. You understand and agree that PetServ, LLC may, in its sole discretion, review and rely on the information in the Background Checks in deciding whether to accept your application for membership.
B. You consent that for any reason at any time we may reject your application or cancel your membership. In either case, you understand and agree to hereby hold us harmless from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way.
C. We may also investigate complaints from Pet Owners regarding a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. PetServ, LLC reserves the right to suspend or terminate your access to the PetServ, LLC Service based on information in the Background Checks or for any other reason, or no reason, in our sole discretion.
D. Pet Owners may also independently evaluate and investigate Service Providers. PetServ, LLC does not automatically run Background Checks on any Users however Service Providers may independently do so.
XII. Third Party Services, Links.
The PetServ, LLC Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to indemnify and hold PetServ, LLC, its owners, officers, employees and agents harmless from and against any and all claims, demands, causes of actions, losses, expenses, damages and/or liability, including reasonable attorney fees and court costs that are related to your : transactions and interactions, online or offline, with other users of the PetServ, LLC Service; breach of these Terms; disputes with other users of the PetServ, LLC Service; your misstatements, misrepresentations, or violation of applicable law; property damage or personal injury to third parties caused by your pet or pets in your care or your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA) or other applicable law. You further agree that you will cooperate with us in the defense of such claims.
XIV. Intellectual Property.
PetServ, LLC Service. PetServ, LLC and its licensors retain all right, title and interest in and to the PetServ, LLC Service, the technology and software used to provide it, all electronic documentation and content available through the PetServ, LLC Service and all intellectual property and proprietary rights in the PetServ, LLC Service and such technology, software, documentation and content. Your rights to access and use the PetServ, LLC Service set forth in these Terms, does not constitute anything in these Terms licenses nor conveys any of our intellectual property or proprietary rights to anyone, including you. You may provide feedback or suggestions for improvements the PetServ, LLC Service, however PetServ, LLC you understand is under no obligation for compensation for such feedback or suggestions.
XV. PetServ Trademarks.
PetServ, LLC owns all rights in and to its trademarks, service marks, brand names and logos (the “PetServ Marks”). If you are a Service Provider, PetServ grants you, for so long as you are in good standing member on the PetServ, LLC Service, a limited, revocable, non-exclusive, non-transferable license to use the PetServ Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase. The rights to the PetServ Marks terminate if you cancel your membership or it is terminated according to the terms of this agreement.
XVI. Limitation of Liability.
A. Exclusion of Certain Types of Damages. In no event will PetServ, LLC be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the PetServ, LLC Service, including without limitation damages related to any information received from the PetServ, LLC Service, removal of your profile information or review (or other content) from the PetServ, LLC Service, any suspension or termination of your access to the PetServ, LLC Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the PetServ, LLC Service, even if we are aware of the possibility of any such damages, losses or expenses.
B. No Liability for non-PetServ, LLC Actions. To the maximum extent permitted by Maryland law, in no event will PetServ, LLC be liable for any damages whatsoever- direct, indirect, special, compensatory and/or consequential arising out of the conduct of anyone in connection with the PetServ, LLC service including without limitation bodily injury emotional distress and/or any other damages resulting from the information posted or transmitted through the PetServ, LLC service, or from any interactions with other users of the PetServ, LLC service whether online or offline which includes any claims, losses or damages arising from any users who attempt to harm or defraud you.
XVII. Arbitration Agreement.
You agree any dispute arising from this User Agreement shall be resolved by binding arbitration under Maryland law. Actual arbitration fees will be evenly divided among the parties.
A. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.
B. Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new PetServ, LLC users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current PetServ, LLC user and previously accepted the PetServ, LLC Terms, the Opt-Out Notice must be postmarked no later than July 1, 2018. You must mail the Opt-Out Notice to PetServ, LLC, PO Box 51, Westminster, MD 21158
The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the PetServ, LLC Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section XVIII.
XVIII. Applicable Law Jurisdiction.
This agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties. This agreement shall be deemed made in, and shall be governed by, the laws of the State of Maryland, without regard to the principles of conflict of law, such that the performance interpretation of this Agreement shall be deemed to have been executed and performed completely within the boundaries of the State of Maryland.
If any provisions of this agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. No representations, inducements, promises, agreements, arrangements or undertakings between the parties not embodied herein shall have any force or effect.