Terms of Service
Welcome to Pawlee These Terms of Service constitute a legally binding agreement (the “Terms”) between you and Pawlee (“Pawlee,” “we,” “us” or “our”) governing your use of Pawlee applications, websites, contents, products, and/or services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully. Pawlee provides an online venue that allows pet owners and third-party pet care service providers ("Pet Care Providers") to connect with each other using Services made available by Petboox Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Pawlee”). Please be advised: These Terms contain provisions that govern how claims that you and Pawlee have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Pawlee to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. Pawlee may amend the Terms and modify or update the Services from time to time. Your continued use of the Services after any such changes are posted here will constitute your acceptance of the amended Terms. By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are at least 18 years old and legally entitled to enter these Terms, and that you have the authority and capacity to enter into and abide by these Terms. You further agree and warrant that:
Your Information. All information that you provide to Pawlee or through the Services is true and accurate, and you will maintain that information up-to-date. You will provide us with whatever proof of identity we may reasonably request. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services.
Account Circumvention. You will not use the Services to identify pet owners or Pet Care Providers to complete offline transactions that circumvent your payment obligations for the Services. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
Legal Compliance. You will comply with all applicable state, federal, and local laws while using the Services. You will not copy or distribute the Services without written permission from Pawlee.
Access and Use. You may only access the Services using authorized means. You will not use the Services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility to ensure you have the correct software and equipment for use with the Services. You will only use an access point or data account that you are authorized to use. Pawlee reserves the right to terminate your use of the Services if you use an incompatible or unauthorized device.
Protection of Services and Users.
You will not:
Create Internet "links" to the Services or "frame" or "mirror" any software on any other server or wireless or Internet-based device.
Reverse engineer or access the Services (except as permitted by applicable law) in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services.
Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services.
Send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights.
Send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
Attempt to gain unauthorized access to the Services or its related systems or networks.
Try to harm the Services in any way.
Subject to your compliance with these Terms, Pawlee grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own personal, non-commercial purposes. All rights not expressly granted to you are reserved by Pawlee and its licensors.
PET OWNER OBLIGATIONS
Pet owners warrant and agree that: (1) information and pictures of your pets are accurate and true; and (2) you do not use other pet’s pictures and information in our platform.
You understand that use of the Services may result in charges to you for the services you receive from Pawlee. After you have received services or goods obtained through your use of the Services, Pawlee will facilitate your payment of the applicable charges. Pawlee will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your Pawlee account regardless of your awareness of such charges or the amounts thereof. Pawlee may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your received service.
THIRD PARTY INTERACTIONS
During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Pawlee and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Pawlee does not endorse any sites on the Internet that are linked through the Services, and in no event shall Pawlee or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Pawlee disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. Pawlee may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Pawlee reserves the right to charge you a higher fee for the Services should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on Pawlee’s website located at https://www.Pawlee.com. Pawlee may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
By entering into these Terms and using the Services, you agree, to the fullest extent permitted by applicable law, that you shall defend, indemnify and hold Pawlee, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: your violation or breach of any term of these Terms or any applicable law or regulation; your violation of any rights of any third party, including Pet Care Providers; the actions of your pets; or your use or misuse of the Services.
DISCLAIMER OF WARRANTIES
PAWLEE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. PAWLEE DOES NOT REPRESENT OR WARRANT THAT: THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ANY STORED DATA WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PAWLEE. PAWLEE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. INTERNET DELAYS PAWLEE’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PAWLEE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PAWLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAWLEE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN A PET OWNER AND ANY PET CARE PROVIDER, EVEN IF PAWLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAWLEE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PAWLEE’S REASONABLE CONTROL. IN NO EVENT SHALL PAWLEE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). PAWLEE’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET CARE SERVICES WITH PET CARE PROVIDERS, BUT YOU AGREE THAT PAWLEE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET CARE SERVICES PROVIDED TO YOU BY PET CARE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Pawlee may give notice by means of a general notice on the Services, electronic mail to your email address on record in Pawlee’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Pawlee's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending. You may give notice to Pawlee (such notice shall be deemed given when received by Pawlee.com) by sending an electronic mail message to Pawlee at: firstname.lastname@example.org.
These Terms may not be assigned by you without the prior written approval of Pawlee but may be assigned at any time by Pawlee to: a parent or subsidiary an acquirer of assets a successor by merger Any purported assignment in violation of this section shall be void.
TERM AND TERMINATION OF TERMS
These Terms are effective upon your access or use of the Services. You or Pawlee may terminate your participation in the Services at any time, for any reason and Pawlee may prohibit your use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or Pawlee terminate your participation or access to the Services.
DISPUTES/MANDATORY INDIVIDUAL ARBITRATION
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with Pawlee, the threatened or actual suspension, deactivation or termination of your account with Pawlee, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Pawlee, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to legal@Pawlee.com. The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pawlee will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
CHOICE OF LAW
Except as provided above in the DISPUTES/MANDATORY INDIVIDUAL ARBITRATION section, these Terms will be governed by the laws of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and does not create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
No joint venture, partnership, employment, or agency relationship exists between you, Pawlee or any third party provider as a result of these Terms or use of the Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Pawlee to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pawlee in writing. These Terms comprise the entire agreement between you and Pawlee and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.
THIRD PARTY APPLICATIONS
The Services may be available or accessed in connection with Pawlee applications (“Applications”) made available by third party providers such as Apple, Inc., or Google, Inc. (“Provider”) through their storefronts such as the App Store and Google Play. Both you and Pawlee acknowledge that the Terms are concluded between you and Pawlee only, and not with any Provider, and that a Provider is not responsible for the Pawlee Services; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with a Provider’s device that you own or control; You acknowledge and agree that a Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Provider of such failure; upon notification, the Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that Pawlee, and not the Provider, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Pawlee, and not the Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and Pawlee acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both you and Pawlee acknowledge and agree that the Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.