Terms and conditions

WAGGY WALKING, INC.

TERMS AND CONDITIONS OF USE

June 1, 2021

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

1. By utilizing the services of WAGGY WALKING, INC., you accept these Terms and Conditions of Us (“Terms”) which terms govern your access to, use of, and participation in the Platform made available by WAGGY WALKING, INC. (“Waggy Walking” “we,” “our,” or “us”) throughout the duration of your use of Waggy Walking’s Platform and services.

• All references to “you” or “your”, shall mean such person that accesses, uses, participates in and/or makes services available utilizing our Platform in any manner. If you are acting on behalf of a business entity, you represent and warrant that you have the authority to act on behalf of such entity and your use and acceptance of these Terms shall represent an acceptance by such entity.

• If you are a service provider, YOU UNDERSTAND AND AUTHORIZE US TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR SERVICE PROVIDERS THROUGHOUT THE USE OF THE SERVICE.

• Additional Terms and Policies:  Waggy Walking’s Privacy Policy is incorporated herein as if stated in full. Where there is a conflict between these Terms and the Privacy Policy, these Terms shall govern.

• Definitions: 
  • Service Provider: A person utilizing the Waggy Walking Platform to advertise and/or make available the Services for Members and soliciting Members.
  • Member: A person registered to utilize the Waggy Walking Platform for the purpose of receiving quotes for Services, requesting quotes for Services, or otherwise using the Platform to receive, pay for, review, or facilitate the receipt of Services.
  • Services: Dog-walking and Dog-sitting services.
  • Platform: Waggy Walking’s websites, mobile or other applications, software, processes and any other services provided by or through Waggy Walking.
  • Users: Persons utilizing the Waggy Walking Platform including Members and Service Providers.
  • User Content: Such text, graphics, images, music, software, audio, video, information or other materials submitted, posted, uploaded, published, or transmitted on or through the Waggy Walking Platform by any User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, and messages.

• Eligibility: Access to and use of Waggy Walking’s Platform is available only to persons who are at least 18 years old and can form legally binding contracts under applicable law. Any person that does not meet such eligibility criteria is not permitted to utilize the Platform. By registering or using Waggy Walking’s Platform to offer, post, or provide Services, Service Providers represent and warrant that they, and their employees, agents, contractors, and subcontractors, are properly and fully qualified and experienced, and to the extent required by local, state or Federal law, properly and fully licensed to provide the Services. Service Providers agree to comply with all applicable laws in their use of the Platform and any personal information obtained from the Platform.

• Waggy Walking’s Services:  Waggy Walking does not provide any Services as defined above. Members acknowledge that by creating and maintaining an account on the Platform, they receive only the ability to use the Platform to obtain access to Service Providers and Service providers acknowledge and agree that by creating and maintaining an account on the Platform, Service Providers receive only the ability to use the Platform to access persons interested in receiving such Services. Service Providers acknowledge and agree that Waggy Walking makes no guaranty as to the number of Members that will utilize Services provided by Service Providers, if any.

• Relationship Between Service Providers and Waggy Walking:  All Users understand and agree that the Service Providers are not employees, joint venturers, partners, agents, or subcontractors of Waggy Walking and that in no event shall there be a master-servant, employer-employee, or principal-agent relationship created by and between Waggy Walking and the Service Providers. Neither Waggy Walking nor any Service Provider shall have the right to bind the other by contract or otherwise. All Users acknowledge and agree that Service Providers shall exclusively determine the method, means, and manner of performing Services. All Users acknowledge and agree that Service Providers retain sole authority to accept any Member request for Services or to provide any Services. Waggy Walking does not control, and has no right to control, the services a Service Provider provides.

• Background Checks: Subject to applicable law, Waggy Walking obtains reports regarding Service Providers, which may include history of criminal convictions or sex offender registration, and Waggy Walking may limit, block, suspend, deactivate, or cancel a Service Provider’s account based on the results of such a check. By accepting these terms as a Service Provider, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Waggy Walking’s vendors or otherwise.

1. Member Registration: To  participate in active use of the Platform, Member will need to create a password-protected account (“Account”). Member agrees to provide accurate, current, and complete information during the registration process and at all other times when Member utilizes the Platform, and to update information to keep it accurate, current, and complete. Member is solely responsible for safeguarding Member’s Waggy Walking password and Member is solely responsible for all activity that occurs on Member’s Account. Member agrees to immediately notify Waggy Walking if Member receives notice of any unauthorized use. Waggy Walking shall not be liable for any losses by any party caused by an unauthorized use of your Account. Member agrees to indemnify and hold Waggy Walking harmless against any and all claims, losses, fines, judgments, and expenses (including reasonable attorneys’ fees) arising out of such unauthorized use.

1. License: Subject to User compliance with these Terms, Waggy Walking grants User a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display content contained on the Platform solely for such User’s personal and non-commercial use and only in connection with User’s access to and participation in the Platform. Users agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or content contained on the Platform, except as expressly permitted in these Terms. The Platform and Platform content are provided AS IS and Waggy Walking makes no representation or warranty as to the accuracy of such content or its fitness for any particular use. No licenses or rights are granted to any User by implication or otherwise under any intellectual property rights owned or controlled by Waggy Walking, except for the licenses and rights expressly granted in these Terms. By posting, uploading, publishing, or transmitting any content onto the Platform or utilizing the Platform, User grants to Waggy Walking a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Platform, or for any other purpose in Waggy Walking’s sole discretion. The license granted to Waggy Walking shall survive termination of the Platform or User’s Account. However, Waggy Walking does not claim ownership rights in such User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

1. Ownership of User Content: User represents and warrants that (a) User is the sole and exclusive owner of all content posted by User to the Platform or that User has all rights, licenses, consents and releases that are necessary to grant to Waggy Walking the rights in such content, as set forth above; and (b) any content posted, submitted, published or transmitted by User does not infringe on or violate a third party’s intellectual property rights, or rights of publicity or privacy, or will result in the violation of any applicable law or regulation. Waggy Walking reserves the right, at any time and without prior notice, to remove or disable access to User Content that Waggy Walking, in its sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users.

1. Conditions to Use: No user may (a) Use another person’s Account, misrepresent User’s identity or qualifications or Services offered through the Platform; (b) Use any automated system to access Waggy Pardise’s Platform for any purpose; (except that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material); (c) Misuse or misappropriate Platform information or content including but not limited to, for use on a mirrored, competitive, or third-party site; (d) Take any action that uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; (e) As a Service Provider, “sell” any personally identifiable data (as that term is defined by the California Consumer Privacy Act), including but not limited to information related to Members; (f) Collect, harvest, or publish any personally identifiable data from Waggy Walking’s Platform for commercial solicitation purposes outside of the Platform; (g) Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Waggy Walking Platform, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law; (h) Submit content that damages the experience of any User including but not limited to requests to download non-Waggy Walking mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Waggy Walking, offers to purchase Services outside of Waggy Walking, or uses the Waggy Walking Platform to promote services not offered on or through the Waggy Walking Platform; (i) Engage in fraudulent conduct; (j) Agree to purchase Services when the Member do not meet a Service Provider’s requirements; and (k)Attempt to indirectly undertake any of the foregoing.

1. Fees, Charges and Taxes: User agrees to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether User has an active Account. Charges shall be made to the payment method designated at the time you accrue a Fee. If a User does not pay a Fee or charge when due, Waggy Walking reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in its pursuit of payment. If any Fee is not paid in a timely manner, Waggy Walking reserves the right to terminate or suspMember’s Account. User agrees that User shall be responsible for and pay all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”).

1. Disputes Between Users: While Waggy Walking may, in its own discretion, attempt to mediate disputes between Users, Users acknowledge and agree that Waggy Walking  is under no obligation to become involved in nor does Waggy Walking have a responsibility to resolve any dispute between or among Users or any third party.

1.  Disputes Involving Waggy Walking: All claims by or against Waggy Walking under these Terms or related to the use of the Waggy Walking Platform or otherwise related to the business relationship between Waggy Walking and any User shall be resolved solely through binding arbitration. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Such arbitration shall be conducted by a single arbitrator under the auspices of the American Arbitration Association in accordance with AAA Commercial Arbitration Rules. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or any other agreement between Waggy Walking and the User, including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  The arbitration shall take place in Chicago Illinois and the parties consent to the personal jurisdiction of any federal or state court in Cook County, Illinois in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY ARIBTRATION PROVISION, EACH PARTY WOULD HAVE A RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

CLASS ACTION WAIVER: THE PARTIES AGREE THAT THE ARBITRATION SHALL BE CONDUCTED IN THE PARTIES INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. USER AND WAGGY WALKING AREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

1. Waggy Walking Intellectual Property Rights: Content produced on the Platform by Waggy Walking is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Waggy Walking and its licensors exclusively own all right, title, and interest in and to the Platform and to the content produced on such Platform by Waggy Walking. All trademarks, service marks, logos, trade names and any other proprietary designations of Waggy Walking used herein are trademarks Waggy Walking. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

1. Waggy Walking Non-Endorsement: Waggy Walking does not and will not endorse any Member, Service Provider or User and Waggy Walking is not and will not be a party to any agreements for Services or otherwise between or among Members, Service Providers or Users. While Waggy Walking may conduct background checks, Waggy Walking does not make any representations about, confirm, or endorse any User or such User’s purported identity or background. Any reference on the Platform to a Service Provider being qualified in some manner is not an endorsement, certification or guarantee by Waggy Walking and is not verification of such Service Provider’s identity and whether such Service Provider is licensed, insured, trustworthy, safe or suitable. Members and Service Providers should always exercise their own due diligence and care when deciding whether to have any interaction with any other User. Waggy Walking has no responsibility for any damage or harm resulting from for a User’s interactions with other Users.

1. Violations of Terms: Without waiver of any rights it may have at law, equity, or otherwise, and in addition to such rights, Waggy Walking may, in its sole discretion, take any action permitted by law, equity, or otherwise for any violation of these Terms or any other policy or agreement between User and Waggy Walking. Such actions may include, but not limited to removing content posted by any User, limiting Account access, terminating a User Account, notifying other Users of the termination of a User Account blocking access, and/or cooperating with law enforcement agencies in investigation or prosecution.

• Suspension or Termination: Waggy Walking retains sole discretion at any time, with or without cause, and with or without prior noticeto limit, block, suspend, deactivate or cancel any User Account in whole or in part. User may cancel User’s use of the Waggy Walking Platform and/or terminate User’s Account at any time. In such event, Waggy Walking shall have no obligation to delete or return any User content previously posted on the Waggy Walking Platform.

• Governing Law: These Terms and all aspects of the business relationship between User and Waggy Walking are governed in all respects by the laws of the State of Illinois, without regard to its conflict of law provisions. Any claim or dispute between User and Waggy Walking not subject to arbitration must be resolved by a State or Federal court located in Cook County, Illinois, except as otherwise agreed by the parties.

• DISCLAIMER:         USER’S USE OF THE WAGGY WALKING PLATFORM, THE SERVICES, OR ANY CONTENT ON THE PLATFORM SHALL BE SOLELY AT USER’S OWN RISK. WAGGY WALKING MAY, BUT DOES NOT HAVE ANY OBLIGATION, TO CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER OR SERVICE PROVIDER. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WAGGY WALKING AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT,  ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE WAGGY WALKING PLATFORM

• Indemnification and Release: User agrees to release, defend, indemnify, and hold Waggy Walking and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (a) User’s violation of these Terms; (b) any User Content; (c) User’s interaction with any other User; and (d) the request or receipt or offer or provision of Services by User, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

• Modification to Terms: Waggy Walking reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Waggy Walking will notify Users of changes by posting on its website, sending User a message, and/or otherwise notifying User when logged into User’s account. Modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Platform; (b) Waggy Walking’s transmission of a message to User about the modifications; or (c) User is otherwise notified when you are logged into your account. User’s use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If User does not agree, User may not access or use the Platform.
• General Terms:

1. Force Majeure: Neither party shall be liable to the other for any delay or failure in performance under the Terms arising out of fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

• Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Waggy Walking on the Platform, shall constitute the entire agreement between User and Waggy Walking concerning the Waggy Walking Platform or Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

• Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Waggy Walking’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.