This Terms and Conditions agreement are legally binding and entered into by you and Elite Pet Services, LLC, doing business as WalkingPaws. They are pertaining to how you make use of Walking Paws applications, contents, products, websites and/or services. In accessing any of these items or services, you are agreeing to these terms and conditions as outlined in this agreement. Make sure to read all Terms and Conditions completely prior to use.
Walking Paws provides and makes available an online platform that allows pet owners (“The Client”) to connect with pet sitting providers (“Providers”) with on demand pet sitting services. The Client, in accepting these Terms and Conditions, agrees to hold Walking Paws harmless as Walking Paws has no connection, control or authority over the conduct of the petting sitting providers.
You represent and warrant that you are at least 18 years old and legally entitled to enter these Terms and Conditions of use, and that you have the authority and capacity to enter into and abide by these Terms and Conditions.
By agreeing to these Terms and Conditions, you expressly acknowledge that you understand and accept all of the Terms and Conditions If you do not agree to these Terms and Conditions, you should not access or utilize these services.
Walking Paws may, at their discretion amend the Terms and Conditions and/or modify these Services. In continuing to utilize these services after changes have been made it will be understood that you have accepted these amendments to the Terms and Conditions.
You agree that you are at least 18 years old and legally allowed to enter into and accept these Terms and Conditions.
All information that you provide to Walking Paws or through these Services must be true and accurate, and you will continue to keep that information up-to-date. You will provide us with whatever proof of identity we may reasonably request and agree to submit to a criminal background check. You will keep secure and confidential your account password or any identification we provide you which allows access to these Services.
You will not use these Services to identify pet owners or Pet Sitting Providers to complete offline transactions that circumvent your payment obligations for these 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.
You will comply with all applicable state, federal, and local laws while using these Services. You will not copy or distribute these Services without written permission from Walking Paws.
Walking Paws reserves the right to terminate your use of these Services if you use an incompatible or unauthorized device.
You will not attempt to duplicate these Services in order to create a competitive product or service.
Pet owners certify and agree that your pets are fully up to date on all required vaccinations prior to accepting any services from a Pet Sitting Service Provider.
You understand that use of these Services may result in charges to you for these Services you receive from a Pet Sitting Service Provider. After you have received services or goods obtained through your use of these Services, Walking Paws will facilitate your payment of the applicable charges on behalf of the Pet Sitting Service Provider, as such Pet Sitting Service Provider's will act as a limited payment collection agent. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Sitting Service Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Walking Paws. You may elect to cancel your request for services from a Pet Sitting Service Provider at any time prior to such Pet Sitting Service Provider's arrival, in which case you may be charged a cancellation fee.
CONSENT TO PET SITTING SERVICES PROVIDER PHOTO AND VIDEO ACTIVITIES
You understand and agree that certain Pet Sitting Service Providers may take pictures, videos, and other forms of recorded media of your pet during the course of providing Services to you. You consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Walking Paws and its licensors and representatives. You release Walking Paws, its officers and licensors and every and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings.
By agreeing to these Terms and Conditions, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Walking Paws or the person or entity designated to do so by Walking Paws.
You understand and agree that certain Pet Sitting Service Providers may take pictures, videos, and other forms of recorded media of your pet during the course of providing Services to you. You also understand and agree that Pet Sitting Service Providers may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to Walking Paws through these Services. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within Walking Paws sole discretion.
To the fullest extent of the law, You shall indemnify, defend and hold harmless Walking Paws, its officers, employees, agents, representatives, licensors, consultants, and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees) or liabilities arising out of, resulting from, or in connection with the services contemplated by this Contract.
WALKING PAWS INTELLECTUAL PROPERTY
Walking Paws and where applicable, (and its licensors) shall own all of the right, title and interest (including all related intellectual property rights), in and to the past, present, and future versions of these Services and all content contained therein. This content shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, materials, technology, interactive features, Walking Paws trademarks, all copyrightable material (including source code and object code) and derivative works or enhancements of any of the above. The Walking Paws name, Walking Paws logo, and the product names associated with these Services are trademarks of Walking Paws or third parties, and no right or license is granted to use them.
During your use of these Services, you may enter into correspondence with, purchase product and/or services from, or participate in promotions of third party service providers, advertisers or sponsors advertising their product or services through these Services. Walking Paws disclaims any and all responsibility or liability arising from such agreements between you and any third-party providers.
Walking Paws may rely on third party advertising and marketing supplied through these Services and other mechanisms to subsidize these 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. Walking Paws may compile and release consumer profiles or similar information for data gathering or consumer analysis.
By entering into these Terms and using these Services, you agree, to the fullest extent permitted by applicable law, that you shall defend, indemnify and hold Walking Paws, 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 the misuse of these services, the actions of the pet(s), violation of any rights by any third party including the Pet Sitting Service Providers.
LIMITATION OF LIABILITY
AT NO TIME SHALL WALKING PAWS TOTAL LIABILITY TO YOU IN CONNECTION WITH THESE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
WALKING PAWS SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET CARE SERVICES WITH PET SITTING SERVICE PROVIDERS, BUT YOU AGREE THAT WALKING PAWS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET CARE SERVICES PROVIDED TO YOU BY PET SITTING SERVICE PROVIDERS.
EFFECTIVE DATE OF TERMS AND TERMINATION OF TERMS
These Terms are effective upon your access or use of these Services. You or Walking Paws may terminate your participation in these Services at any time, for any reason and Walking Paws may prohibit your use of these Services at any time. These Terms and Conditions, and any subsequent modification of these Terms and Conditions, shall remain in effect at all times after you or Walking Paws terminate your use or access to these Services.
No joint venture, partnership, employment, or agency relationship exists between you, Walking Paws or any third party provider as a result of these Terms and Conditions and/or use of these Services.
The failure of Walking Paws 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 Walking Paws in writing.
These Terms comprise the entire agreement between you and Walking Paws and supersedes all prior agreed to Terms and Conditions. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof.