Terms of Service
Effective Date: August 20, 2020
Welcome to PetCareNow!
These Terms of Service (“Terms”) are a binding contract between you (“you” or “your”) and PetCareNow, Inc. (“we”, “us” or “our” or “PetCareNow”) with respect to our GoodPup mobile app (“App”) and its subdomains (“Site”) through which we offer our services (together with our Site, our “Services”) as (1) a provider of quick access to Certified GoodPup Dog Trainers and Certified Veterinary Technicians (collectively “Trainers” and each a “Trainer”) to discuss issues you are encountering with your pet, and (2) a provider of a community of and for users of the Services (“Users”), which may from time to time be in the form of a public forum, a message board, private messages, or other similar forms (the “Community”).
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON OR USE OUR SERVICES, READ THESE TERMS CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF ANY GROUP OR ENTITY YOU REPRESENT. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS AND/OR USE OUR SERVICES.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH (I) REQUIRES THAT YOU AND PETCARENOW ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND (II) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 19).
We offer our Services as a provider of quick access to Trainers to provide guidance on pet training, behavior, socialization and health and, from time to time, as a provider of access to a Community of like-minded dog-lovers. We do not provide access to veterinarians and do not diagnose medical conditions nor prescribe medications. Consultations with Trainers should not be used for nutritional, fitness or other health-related diagnosis, prescription or treatment, and you acknowledge you are solely responsible for any loss or damage caused by reliance on information provided by our Trainers during the use of the Services. Our Community and any content posted in any forum, private message, public message, post or otherwise provided to you by any means in connection with the Services is likewise not to be used for nutritional, fitness or other health-related diagnosis, prescription or treatment, and you acknowledge you are solely responsible for any loss or damage caused by reliance on information provided by any of the aforementioned means.
All information provided to you through the Services is intended for general guidance only and is not a substitute for professional medical advice, diagnosis or treatment by a Doctor of Veterinary Medicine or Veterinary Medicine Doctor who has examined your pet or possesses firsthand knowledge of your pet’s condition. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or heard through the Services. If you believe your pet may have a medical emergency, call your veterinarian immediately.
Consultations with Trainers are meant to provide guidance and support for pet training, behavior, socialization, and health. The actions of pets are solely the responsibility of the pet owner and any harm a pet may inflict on any person, object or animal during and after a training session, or at any time in the animal’s life are not the responsibility of PetCareNow.
NEITHER PETCARENOW NOR THE RELEVANT TRAINER ARE RESPONSIBLE FOR AND BOTH HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, YOU USE THE SITE, APPLICATIONS AND SERVICES AT YOUR OWN RISK.
a. We may update the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. We may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to the entire Services, to Users, including registered Users, or to an individual User, including you. In order to use our Services, you must have a compatible mobile device enabled with our application.
b. Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to use our Services solely in the manner enabled by us and for your personal, non-commercial use. Your right to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing right is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.
d. Usage Data. Notwithstanding anything else in these Terms or otherwise, we may monitor your use of the Services and create data or information therefrom in an aggregate or de-identified manner, including to compile statistical and performance information related to the provision and operation of the Services. You agrees that we may make such data and information publicly available, and use such information to the extent and in the manner required by applicable law or regulation and/or for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify you. We retain all intellectual property rights in such data and information.
b. Acknowledgement for You to Receive Communications. You hereby agree:
• to receive communications, including emails, text messages, push notifications, mail and telephone calls, that are related to the Services.
• that any communications from us may also include marketing materials from us or from third parties.
• that any notices, agreements, disclosures or other communications that we send to you electronically are deemed to satisfy any legal communication requirements.
• You may opt out from receiving our marketing communications by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable correspondence.
a. The Services may contain information, text, links, graphics, photos, videos or other materials (“Content”), including Content created with or submitted to the Services by you or through your Login Credentials. We take no responsibility for and we do not expressly or implicitly endorse any of your Content. By submitting your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to your Content contained within these Terms. Because you alone are responsible for your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
b. When you upload Content to the Services, you control whether you want that Content to be visible to anyone who accesses the Services (“Public Content”) or if you want that Content to only be visible to your Trainer and us. You retain any ownership rights you have in your Content (including Public Content), but you grant to us the following license to use that Content: when your Content is created with or submitted to the Services, you hereby grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display your Content and any name, username, voice, or likeness provided in connection with your Content in all media formats and channels now known or later developed. This license includes the right for us to make your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. You also agree that we may remove metadata associated with your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Content. You can end this license anytime by deleting your Content or account. However, your Public Content may continue to appear subject to the foregoing license if you shared it with other Users and they have not deleted it.
c. Although we have no obligation to screen, edit, or monitor your Content, we may, in our sole discretion, delete or remove your Content at any time and for any reason, including for a violation of these Terms, a violation of Section 6, or if you otherwise create liability for us.
a. Fees. Access to our Site is free. If you choose to purchase any Services, the price of such Services will be provided to you prior to completing your purchase.
i. Payment Methods and Currency. You agree that we may charge your payment method for any products or services you purchase through our Services (including but not limited to any taxes and late fees, as applicable). All payments must be made in United States Dollars.
iii. The GoodPup App is a paid Service, and you will be billed according to your plan. Information on billing is in the App.
iv. Refunds. Except as may be expressly set forth on our Site from time to time or as required by applicable law, we have no obligation to provide refunds or credits.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above or below reasons or for any other reason, and if we do so, we may terminate your access to our Services. In addition, we can remove any Content that you share on the Service if we believe it violates these Terms, our policies, or we are permitted or required to do so by law. However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You shall not, and shall not authorize or facilitate any attempt by another person to use our Services to:
• Damage, disable, overburden, impair or interfere with any other party’s use of our Services;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services;
• Use false or misleading information in connection with your user account or impersonate any other person living or dead, (you acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading, including a profile that impersonates a third party);
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the Community, if applicable;
• Use a name or language that we, in our sole discretion, deem offensive;
• Post Content that is hateful or racially or ethnically objectionable;
• Post Content which infringes another’s copyright, trademark or trade secret;
• Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
• Post any Content which is pornographic or otherwise inappropriate;
• Exploit children under 18 years of age;
• Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
• Create a false identity or engage in fraudulent activities;
• Circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or PetCareNow’s Content;
• Introduce viruses, worms, Trojan horses and/or harmful code to our Services;
• Use any robot, spider, site search/retrieval application or other automated device, process, or means to access, retrieve, scrape or index any portion of our Services or any Content available through our Site;
• Promote a business or other commercial venture or event, or otherwise use the Services for commercial purposes, except as expressly permitted by us;
• Post unsolicited advertising or unlawfully promote products or services;
• Engage in commercial activities on our Services or using our Services;
• Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
• Violate any federal, state, local, or international law or regulation;
• Encourage conduct that would constitute a criminal or civil offense;
• Access or collect data from our Services using automated means (without our prior permission) or attempt to access data you do not have permission to access; or
• Post any Content that is not reasonably related to your pet or to the training of your pets.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
a. You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
b. Unless otherwise noted, all PetCareNow’s Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
c. Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ( 17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: Lisa Martin
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your posting of any content, (ii) your use of our Services, and/or (iii) any user or other third party’s use of any content that you post to our Services. At our option, you agree to defend us from any such Claims.
Our Services may contain links to third party sites, which are independent of us and not under our control. These links are provided to you as a convenience, and we are not responsible for the content of any linked third party site. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site.
Under no circumstances will we be liable for any loss or damage caused by failure of our Services to operate as intended, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(a) Disclaimer. IN NO EVENT SHALL WE OR OUR TRAINERS BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) Limitation. OUR AND OUR TRAINERS’ AGGREGATE LIABILITY FOR ALL CLAIMS, CUMULATIVELY, ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED $100.00.
(c) Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You release, to the fullest extent permitted by law, PetCareNow, its directors, officers, members, employees, representatives, consultants, agents, suppliers, Trainers and/or distributors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes between or among users; (ii) third party sites, products and services, including without limitation insurance policies; and (iii) claims relating to the unauthorized access to any data communications or content stored under or relating to your account, including unauthorized use or alteration of such communications or your content.
You hereby waive applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”13. California Users.
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
Our Services are intended only for users located in those states in the United States in which PetCareNow and our Trainers are permitted to provide the Services. Although our Services may be accessible in other geographic locations, the features, products or services discussed, referenced, provided or offered as part of the Services are only available to Users in the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made available through our Services is void where prohibited by law.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at your registered email address. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. You may terminate these Terms at any time by ceasing to use our Services. Termination of these Terms will have no effect on any insurance policies you purchase in connection with our Services.
Accrued obligations and all provisions of these Terms that by their nature should survive will survive any termination of these Terms.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
We may provide you notice to the email address you provide to PetCareNow during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process and you may give us notice to the address set forth on our Site as our address. In such case, notice shall be deemed given three days after the date of mailing.
These Terms, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 19 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your PetCareNow account to which the opt out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out:
PetCareNow, Inc., ATTN: Arbitration Opt-out, 95 Washington St. Suite 104-322 Canton, MA 02021
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 15, this Agreement to Arbitrate will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of PetCareNow to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If you are less than 18 years old, you are not authorized to use our Services, App or Site without permission from a parent or guardian.
If you have any questions about these Terms, please contact us at: email@example.com.
Copyright © 2020, PetCareNow, Inc., All Rights Reserved