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Terms of Service
PetFret, LLC (hereafter referred to as “PetFret”, “PetFret.com”, “we”, “us”, or “our”) provides a service platform that connect concerned pet owners with individually vetted caretakers who wish to care for pets in their home and/or care for pets in the owner’s home through the website PetFret.com (such online platform, together with any related software, applications or functionality, and such website, collectively, the “Site”). These Terms govern your access to and use of the Site, all Content (defined below), and services provided through PetFret, and constitute a binding legal agreement between you and PetFret. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and should not use the Site or related services.
PLEASE BE SURE TO READ THESE TERMS CAREFULLY.
“CONTENT” means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.
“CARETAKER” means an agent or third-party provider who has been selected by PetFret to provide services to Members.
“CARETAKER-PROVIDED SERVICES” means pet-related services provided by Caretakers.
“MEMBER” means a person who completes PetFret’s account registration process and signs up for a paid service agreement via the Site.
“THIRD PARTY PROVIDERS” means PetFret’s third party agents, contractors, or insurers.
Access and Compliance
By using the Site and PetFret services under this agreement you agree to be bound by the Terms, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting.
How the Site Works
The Site can be used to facilitate Caretaker-Provided Services. PetFret provides pet-related services through a network of Caretakers. PetFret’s responsibilities are limited to: (i) facilitating the availability of the Site, (ii) serving as the limited agent of third-party providers for the purpose of accepting payments from Members on behalf of the providers, (iii) conveying relevant profile Member information to Caretakers about the Member’s pet(s) and their specific needs, the Member’s residence, and other information required to provide services, and (iv) providing access to the Members Program (as defined below).
Failure to Retrieve Pet
If you, as a Member, rely on Caretaker-Provided Services during an eligible medical emergency as defined in the Membership Program, PetFret will provide care until you notify PetFret directly or through a Caretaker that you are able to resume care of your pet, or until an emergency contact makes arrangements to begin caring for your pet. After the term of care provided under the terms of the Membership Program has elapsed, additional, extended care may be provided on a daily fee basis.
If, after the conclusion of the eligible medical emergency, the Member does not contact PetFret and after diligent effort PetFret is unable to contact you or your emergency contact, you agree that after seven days PetFret may (but has no obligation to), in its sole discretion, place your pet in foster care or a no-kill shelter. You agree that you will be responsible for and will reimburse PetFret all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.
Information on the Website
Although PetFret attempts to maintain the accuracy of the information on this site, we make no guarantees regarding its correctness or completeness. The Site may contain errors, inaccuracies, or other errors or omissions. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by using our contact page.
“Your Information” is defined as any information and materials, including without limitation photographs you provide to PetFret in connection with your registration for and use of PetFret services. Solely to enable PetFret to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. PetFret shall have complete discretion in how it chooses to display or use Your Information in connection with the Site, subject to restrictions set forth in this agreement.
HIPAA Privacy Authorization
Authorization for Use or Disclosure of Protected Health Information (Required by the Health Insurance Portability and Accountability Act, 45 C.F.R. Parts 160 and 164)
We offer the following membership services through PetFret:
Upon joining PetFret, we’ll send you a membership packet that includes cards that you can give to friends and family, an engraved tag for your each of your pets, and an “In Case of Emergency” card for you to keep on your person.
In the event of an emergency that will prevent you from caring for your pet, our service can be activated by you, your friends or family, a good Samaritan that finds your pet (in the event your pet is separated from you away from home, or by emergency personnel that see the ICE card. Once activated, one of our vetted and approved pet caretakers will go to your home, and enter it either (1) by using a key from a neighbor that you have identified in your membership profile, or (2) by using one of our preferred locksmiths. The caretaker will then get the spare key from the PetFret key box that we provide to you. The caretaker will check on, feed, walk, play with, and generally comfort your pet as needed until you are able to reunite with your pet.
Approved members are provided with up to fourteen (14) days of pet care by caretakers during an eligible medical emergency in which the member, the member’s spouse, or the member’s child requires unscheduled in-patient hospitalization. Additional, extended care may be provided on a daily fee basis. The Member is required to contact PetFret within three (3) days of the conclusion of an eligible medical emergency to notify PetFret that Caretaker-Provided Services are no longer needed. This notice may be given to the Caretaker in-person, or by calling PetFret.
To the extent permissible by applicable law in your jurisdiction, PetFret reserves the right to modify or terminate the Membership Program, at any time, in its sole discretion, and without prior notice. If PetFret terminates the Membership Program in accordance with the foregoing, PetFret will provide you with notice of such termination and PetFret will continue to process claims under the Membership Program filed prior to the effective date of termination. If PetFret modifies the Membership Program, we will post the modification on the Site or provide you with notice of the modification and PetFret will continue to process all claims filed prior to the effective date of the modification. Such modifications may include, without limitation, conditions on your eligibility under the Membership Program. By continuing to participate as a member after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Membership Program. If the modified Membership Program is not acceptable to you, your only recourse is to cease participation as a member.
Property Entry & Locksmith Authorization For Emergency Services
By accepting this agreement, the member grants PetFret, LLC, it agents, and Third-Party Providers the authority to order the lock, key, safe and security services necessary to access the member’s property and care for the member’s pet. Further, the member agrees to indemnify and hold harmless the locksmith who bears this authorization from any and all liability or claims that may arise from the performance of such services.
The member grants PetFret, LLC, it agents, and Third-Party Providers the authority to enter the member’s property as necessary to provide care to the member’s pet under the Membership Program. This authority includes the power to remove the pet from the member’s property, and to remove related personal property from the member’s home, including, but not limited to veterinary medication, food, leashes, collars, harnesses, training crates, pet bedding, and food and water dishes.
Pet Vet Care
It is every Caretaker’s and Member’s responsibility to have his/her pets fully vaccinated and up to date on all forms of preventatives prior to the start of services.
It is the Caretaker’s and Member’s responsibility to determine whether the guest pet has any preexisting medical conditions, and PetFret will have no liability or responsibility for any issues that may arise from such conditions. If any medical care is required to be provided to the guest pet, the Member or Caretaker, as applicable, will be responsible for paying the expense.
For Emergency Medical Situations Involving a Member’s Pet:
Members should ensure that PetFret is provided with contact information to reach the Member in the event an emergency medical situation arises involving a Member’s pet. Members and Caretakers acknowledge and agree that, to the extent any situation arises where the Member’s pet is required to receive emergency veterinary care while in the care or custody of the Caretaker, the Caretaker will in their discretion determine whether emergency veterinary care is required. If the Caretaker determines that such veterinary care is required, the Caretaker shall notify PetFret and PetFret shall make reasonable efforts during PetFret’s normal business hours to contact the Member to notify the Member of the situation. If the Member or the Member’s emergency contact cannot be reached following reasonable efforts, Member authorizes Caretaker and PetFret to authorize care on his/her behalf in order to promptly treat Member’s pet. Members acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Member and that Member’s credit card may be billed for any amount to reimburse costs incurred by the Caretaker or PetFret attendant thereto.
In the event that a Caretaker or Member’s pet does require medical treatment as the result of Caretaker-Provided Services, PetFret will not offer any additional coverage should that pet require treatment for further damage as the result of owner negligence. For example, if a pet is to have surgery and the owner does not allow it the proper amount of time to rest and heal (especially if instructed by a vet to keep the pet confined to bed rest for a duration of time), PetFret will not be responsible for any additional treatment that may result from further injury.
PetFret, through its network of Caretakers, arranges for the provision of the Caretaker-Provided Services to Members, including, but not limited to temporary animal boarding, animal daycare and related services in member’s residences and in Caretakers’ facilities.
As a Member, you will pay a regular fee, which may be charged on an annual or monthly basis depending on the service package selected by the Member. This is a non-refundable fee that pays third-party providers and helps fund safety measures like background checks and other operating costs. Upon submission of a membership request, PetFret will charge the Member’s credit card for the initial monthly fee and post additional charges via the third-party payment processor for recurring monthly or annual fees as they are incurred. Members may unsubscribe from a service package and deactivate their saved payment method after any Caretaker-Provided Services have been paid in full. PetFret uses a third-party payment processor and the Member expressly acknowledges that PetFret is not liable for the information security practices of the payment processor.
It is the duty of the Member to maintain current payment information within the payment processor’s system accessible via the PetFret website. PetFret reserves the right to suspend services if the Member’s payment method fails or is not valid or current.
No Warranty that Services are Suitable for a Particular Animal
Home pet boarding and other Caretaker-Provided Services are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Member, to determine if the applicable Caretaker-Provided Service is best for your pet. While certain Caretakers may receive positive assessments or comments by the Site or its users, PetFret makes no representations or warranties regarding the quality, security or positive features of the Caretaker or the Caretaker’s residence. It is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your pet prior to engaging PetFret for pet boarding or other pet-care related services. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including use of Caretaker-Provided Services, is entirely your own. You acknowledge and agree that, except as provided in the Membership Program, PetFret is not liable for any damages associated with the administration of pet boarding or other Caretaker-Provided Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Caretaker, any family member, friend, pet or other affiliate of the Caretaker or any other third party). It is the sole responsibility of Members to make decisions that are in the best interests of themselves and their pets.
PetFret expressly reserves the right, in its sole discretion, to remove a Member’s pet from the Member’s home or a Caretaker’s home should we deem it necessary for the safety of our Caretaker, any persons living with the Caretaker or the Caretaker’s or the Member’s pet.
Use of the Site
PetFret expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of the Terms. In addition to violating the Terms, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. Ã‚Â§ 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
It is your obligation to comply with all applicable state, federal and international laws. It is also your obligation to comply with all applicable tax laws and regulations that apply to your activity on the Site. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Members acknowledge and agree that PetFret shall make reasonable efforts to contact the Member in the event a situation arises that requires or may require Member’s consent. In the event PetFret cannot reach the Member after reasonable efforts, Member’s provided Emergency Contact(s) is(are) authorized to act on behalf of the guest pet. It is the Member’s responsibility to ensure the emergency contact information is current and that the contact is aware of his or her responsibility to act on behalf of the Member.
Links to Third Party Websites
The Site may contain links or have references to websites controlled by parties other than PetFret. PetFret is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. PetFret is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by PetFret of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by PetFret. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Limitation of Liability and Release
AS A MEMBER, EXCEPT AS PROVIDED IN THE MEMBERSHIP PROGRAM, YOU AGREE NOT TO HOLD PETFRET OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PROVIDERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY PETFRET OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF YOUR INFORMATION, (C) CARETAKERS’ FAILURE TO PROVIDE SERVICES OR PROVISION OF INCOMPLETE OR POOR SERVICES, (D) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR FAMILY MEMBERS, FRIENDS OR OTHER UNRELATED PARTIES), (F) ANY INJURIES OR HARM SUFFERED BY ANY DOGS OR OTHER PETS, (G) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (H) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PROPERTY.
UNDER NO CIRCUMSTANCES SHALL PETFRET OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE CARETAKER-PROVIDED SERVICES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PETFRET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PETFRET OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00), EXCLUDING ANY OBLIGATIONS TO PAY AMOUNTS TO CARETAKERS OR REFUNDS TO MEMBERS PURSUANT TO THESE TERMS AND EXCEPT AS PROVIDED IN THE MEMBERSHIP PROGRAM.
You agree that the limitations on liability set out in this section will survive and apply even if any limited remedy described above fails. You also acknowledge and agree that PetFret has set its prices and entered into these Terms relying on the limitations of liability written above, which allocate the risk between you and PetFret and form a basis of the bargain between the parties.
DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT PROVIDED ON THE SITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, PETFRET AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE CARETAKERS, THE CARETAKER-PROVIDED SERVICES, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. PETFRET AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PETFRET AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY CARETAKER-PROVIDED SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE, SECURE OR OTHERWISE OBTAIN THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; OR (C) ANY SOFTWARE OFFERED VIA THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER PETFRET NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PETFRET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY PETFRET. PETFRET EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF CARETAKER-PROVIDED SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE SITE. YOU USE CARETAKER-PROVIDED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID CARETAKER-PROVIDED SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE CARETAKER-PROVIDED SERVICES OFFERED BY CARETAKERS WIDELY VARY BY STATE, COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. PETFRET MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE CARETAKERS OFFERING CARETAKER-PROVIDED SERVICES THROUGH THE SITE HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS. NOTWITHSTANDING PETFRET’S APPOINTMENT AS THE LIMITED AGENT OF THE CARETAKERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM MEMBERS ON BEHALF OF THE CARETAKERS, PETFRET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CARETAKER, MEMBER OR OTHER THIRD PARTY, EXCEPT AS PROVIDED IN THE MEMBERSHIP PROGRAM.
You shall defend, indemnify, and hold harmless PetFret and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the “Indemnified Parties”) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Caretaker-Provided Services, except as provided in the Membership Program. The Indemnified Parties reserve the right, at their 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 claim or matter without the written consent of the relevant Indemnified Parties. PetFret and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
Termination and Account Cancellation
PetFret may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, (b) deactivate or cancel your PetFret Account or registration or similar uses of the Site and (c) may cancel any future booking(s) and all money will be refunded to Member(s), less any PetFret Fees. PetFret’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. PetFret may provide notice of termination by regular mail or email. You may cancel your PetFret Account at any time by accessing your member account on the Site. However, you are personally liable for any services or pending transactions that you place or charges that you incur prior to your termination/cancellation. Please note that if your PetFret Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site.
No agency (except as expressly set forth herein), partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, PetFret.com is not acting as an agent for any Caretaker, Member or any other user or visitor of the Site.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Nebraska, without regard to its conflict-of-law provisions. You and PetFret agree to submit to the personal jurisdiction of a state court located in Lancaster County, Nebraska or a United States District Court located in Lancaster County, Nebraska for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below and shall be subject to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Nebraska.
Dispute Resolution & Waiver of Jury Trial
You and PetFret 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 to the use of the Site (“Dispute”), will be settled by binding arbitration, except that each party retains the right 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. Either you or PetFret may elect to have such Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND PETFRET ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow the law of the State of Nebraska, and any award may be challenged if the arbitrator fails to do so. In addition to the exclusions above, you and PetFret may initiate action in the state or federal courts in Lancaster County, Nebraska to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Notwithstanding the provisions of the “Access and Compliance” section above, if PetFret changes this “Dispute Resolution & Waiver of Jury Trial” 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 help@PetFret.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of PetFret’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PetFret in accordance with the provisions of this “Dispute Resolution & Waiver of Jury Trial” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You acknowledge and agree that you and PetFret are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and PetFret otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
The Terms represent your and PetFret’s entire understanding relating to the use of the Site and any Caretaker-Provided Services provided related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications. PetFret reserves the right to change these Terms or policies relating to the Site at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes.
You may not assign these Terms without the prior written approval of PetFret. Any purported assignment in violation of this section shall be void. PetFret reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by PetFret.