Last Modified: JUNE 2ND, 2022
These terms of use are entered into by and between you and Skipper Pets, Inc., a Delaware corporation, as well as Skipper’s affiliates and subsidiaries,[1] including without limitation Skipper Bar Ops, LLC, a North Carolina limited liability company, Skipper Care CLT, LLC, a North Carolina limited liability company, and Skipper Social CLT, LLC, a North Carolina limited liability company (collectively, “Skipper”, the “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any content, functionality, access to current or future facilities and services offered on or through the Company or the Company’s current and future digital properties, including without limitation the Company’s Website (walkskipper.com, skipperpets.com and skiptown.io, collectively the “Websites”), the Company’s mobile application (Skiptown, the “App”), and the Company’s social media accounts (collectively, the “Digital Properties”), whether as a guest or a registered user. The Digital Properties, together with any and all services offered by the Company, services provided by third-party vendors on the Company’s behalf or at one of the Company’s facilities, currently, previously, or at any time in the future, may be referred to collectively in these Terms of Use as the “Services.”
THESE TERMS OF USE SIGNIFICANTLY ALTER YOUR LEGAL RIGHTS.
These Terms of Use Contain limitations of the Company’s Liability, Waivers of your right to sue the company, YOUR assumption of certain risks that might otherwise be borne by the company, indemnifications whereby you indemnify the company against third party damages, and an agreement to arbitrate any claims as you may have against the Company.
Please read these Terms of Use carefully before you start to use the Services. By using the Services or by selecting to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found in the Digital Properties [https://skiptown.io/legal-policies/] incorporated herein by reference. If you have questions about the effect of these Terms of Use, you should consult legal counsel prior to commencing use of the Services. If you do not want to agree to these Terms of Use and the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using any of the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any of the Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platforms.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services, so you are aware of any changes, as they are binding on you.
The Digital Properties, including their content, are the property of the Company. We grant you a limited, non-exclusive, revocable license to make use of the Digital Properties. This license shall remain in effect for as long as you make use of the Services, unless otherwise terminated by the Company. You promise and agree that you are using the Digital Properties for your own personal, non-commercial use and that you will not redistribute or transfer the Digital Properties, including the contents of the Digital Properties. You also promise and agree that you are not using the Digital Properties to create derivative works or attempting to commercialize the software infrastructure of the Digital Properties.
All Company trademarks, service marks, trade names, logos, domain names, slogans, marketing materials, and any other features of the Company’s brand (the “Intellectual Property”) are the sole property of the Company. These Terms of Use do not grant you any right to use any of the Company’s Intellectual Property for commercial or non-commercial use, other than in connection with your use of the Digital Property as contemplated by these Terms of Use. You are only permitted to use the Intellectual Property in your operations of the Digital Properties.
Use of the Digital Properties and Services may require you to create an account. Each user is permitted only one account, although accounts may be associated with multiple pets. By adding a pet to your account, you represent and agree that you are the owner or responsible party for that pet. Sharing accounts among users is not permitted. You may invite secondary users to share household account access and information. All users will have separate login credentials. All information entered into and associated with the account will be accessible to all users of the shared account, except for individual user login credentials. All users of the Digital Properties must agree to these Terms of Use prior to using the Services, regardless of whether sharing accounts or using our Digital Properties as individuals, and the sharing of an account does not waive any the rights or obligations of the users or the Company under these Terms of Use.
Each user is required to provide accurate information to the Company when creating an account and must ensure that their account information is up to date and accurate for so long as such user utilizes the Services. User accounts are password protected, and you are responsible for protecting the security and confidentiality of your account. We encourage you to use a unique and strong password, limit access to your devices, and log out after using the Digital Properties.
The Digital Properties may allow users to post, upload, display, transmit to others, or otherwise contribute content, which may include pictures, text, messages, contact information, reviews, personal information, etc., related to both users and pets (the “User Content”).
You promise that, with respect to any User Content you post on the Digital Properties, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by the Company as contemplated by these Terms of Use, does not violate these Terms of Use or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by the Company.
You agree to abide by the following standards applicable to User Content. User Content may not:
The Company may, but has no obligation to, monitor, review, or edit User Content. In all cases, the Company reserves the right to remove or disable access to User Content for any or no reason, including User Content that, in the Company’s sole discretion, violates these Terms of Use. The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. The Company is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE COMPANY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
By using the Services, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., display), publish, translate, modify, create derivative works from, and distribute any of your User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all right, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content.
You also grant the Company the right to photograph you, your pets, and your home and other private property in the Company’s care, and you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., display), publish, translate, modify, create derivative works from, and distribute any photographs of you, your pets, and your home and other private property through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created.
The terms below apply to the Company’s provision of the Services. The Services generally involve the Company’s provision of pet care in your home or at one of the Company’s Facilities and may include, but are not limited to, the following:
The Company offers the Services to its users through the Digital Properties. The Services may be provided either through Home Access or at a Company Facility, as the case may be. As set forth above, if you do not want to agree to these Terms of Use, you must not use the Services.
A. GENERAL TERMS FOR USE OF THE SERVICES
The following terms apply to all of the Services:
The Company reserves the right to refuse to provide the Services to you or your pet at any time. Prior to being eligible to receive Services, you must complete the Company’s onboarding procedures to the satisfaction of the Company.
You understand that your choice to use the Company’s Services is voluntary and that you waive and release the Company from any negligence on the part of the Company, including for injury to you and/or a pet.
By using the Services, you acknowledge your responsibility and liability for any injuries and damages caused by you or your pets to other people, including without limitation Skipper personnel, or other pets, including without limitation other pets cared for by Skipper or otherwise located in a Skipper Facility. You also acknowledge your responsibility and liability for any injuries and damages caused by your pet to Skipper property or the property of third parties.
You are responsible for ensuring that the Company has current, correct, and complete information about each pet for which you are seeking the Services. The Company will typically collect information about each new pet prior to the first provision of Services to that pet, and the Company may require different information depending on which of the Services the Company is providing. You are responsible for providing accurate and complete information to the Company, including but not limited to each pet’s temperament, injury history, prior incidents of biting other people or pets, prior incidents of fighting with or aggression towards other people or pets, dietary requirements and preferences, current vaccination records, and medical requirements. The Company may require you to supply the preceding information through veterinary records. You are responsible for ensuring that each pet for which you seek the Services is current on all vaccinations and regular checkups, and you hereby represent and warrant that such is the case for each such pet. You understand and acknowledge that the Company makes no representations or warranties about the vaccination status of any pet. You understand and acknowledge that you are solely and completely responsible for information provided to the Company, and that any misrepresentation or omission you make puts the Company, its employees, and third-party participants and pets at risk of injury, illness, or other related harm. Accordingly, you agree to indemnify and hold harmless the Company against any injury or illness to your pet that arises out of any misrepresentation or omission relating to your pet.
If your pet experiences a medical emergency while the Company is providing the Services, the Company will make a good faith attempt to contact you and to seek your instructions. If the Company is unable to reach you, the Company may transport your pet to the veterinarian designated in your account. If your account does not identify a veterinarian, or if it is impracticable for your pet to be seen by your specified veterinarian, the Company may take the pet to a veterinarian of the Company’s choosing.
You understand and acknowledge that every medical emergency is inherently accompanied by certain risks for the Company, your pet, and third parties. Further, you understand and acknowledge that, in an emergency medical situation, the Company may be required to take actions or make decisions concerning the wellbeing of your pet, including but not limited to transporting your pet to a veterinary medical center and sharing your personal information and your pet’s health information with medical professionals. You understand and acknowledge that Skipper personnel are not trained veterinary medical professionals and as such may not be able to recognize when your pet is having a medical emergency. Accordingly, by using the Company’s Services, you agree that the Company may take any action as the Company deems necessary in good faith to protect the wellbeing of your pet. Further, you agree to assume the risk inherent in a medical emergency involving your pet, to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your pet as a result of a medical emergency, and to indemnify and hold harmless the Company for any and all actions as the Company may take, or fail to take, in the event that your pet experiences a medical emergency. All expenses in the event of a medical emergency of your pet are your responsibility.
You understand and acknowledge that in the provision of the Services, your pets may be around and in contact with other pets. You understand and agree that the Company will not be liable for any injuries or illnesses to pets.
B. YOUR ACCESS TO THE COMPANY’S FACILITIES
The Services may include access to one or more facilities operated by the Company and from time to time the Company may offer any of the Services at one or more such facilities (in each case a “Facility”). Unless the Company expressly agrees to provide transportation as a part of the Services, the Company is not responsible for providing transportation to or from any Facility. If the Company has agreed to provide transportation, then all terms applicable to the Facilities shall apply to the transportation of your pet.
The Company strongly recommends that, prior to engaging any of the Services, you consult with a veterinarian to ensure that your pet’s health is conducive to the Services. The Company reserves the right to relocate pets at a Facility in the event of an emergency or damage to the Company’s Facility, although the Company will make best efforts to notify you prior to relocating you pet.
The provision of the Services at a Facility is on a first-come, first-served basis. The Company does not guarantee availability at any Facility. The Company may offer you the ability to schedule the Services at a Facility in advance through the Digital Properties, in which case the Company reserves the right to charge fees for missed visits or late pickup. In the event you fail to retrieve your pet, the Company may report the incident to the relevant authorities, including Animal Control, pursuant to the applicable animal abandonment laws. You agree to reimburse the Company for all costs and expenses associated with such actions.
The Facilities, including all equipment, fixtures, and personal property located thereon, are the property of the Company. When you use the Services, we grant you a limited, non-exclusive, revocable license to make use of the Facility. This license shall remain in effect unless and until terminated by you or the Company. You promise and agree that you are using the Services for your own personal, non-commercial use. The Company may revoke your license to use the Services or the Facilities at any time and for any reason or no reason at all.
You understand and acknowledge that the Company is not responsible for any injury that you or your pet may sustain as a result of exposure to latent or patent defects in the Facility, including without limitation exposure to toxic chemicals, environmental conditions, viruses, diseases, pandemics, pathogens, common or uncommon allergens, and any other dangerous or potentially harmful conditions. Accordingly, by using the Services or entering into any of the Company’s Facilities, you assume the risk of any and all harm you or your pet may sustain therein. Further, you release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your pet and that occurs as a result of your presence or the presence of your pet at the Facility.
The Services may include access to dog parks or similar Facilities where pets are allowed to move about freely, without the requirement that they be kept on a leash or otherwise restrained (“Off-Leash Facilities”). Access to Off-Leash Facilities does not include any monitoring of your pet or of other pets granted access to such Off-Leash Facility. The Company is not liable for the loss or damage to any pet, personal possessions, or other property you may bring into a Facility. You understand and acknowledge that entering into an Off-Leash Facility is an inherently dangerous activity, and that the risks of being present at an Off-Leash Facility include risk of injury or death of you or your pet. By using the Services and entering an Off-Leash Facility, you agree to assume the risk of and take sole and total liability for any injury to yourself, your property, or your pet, regardless such injury is caused by another person, another pet, a latent or patent defect in premises of the Off-leash Facility, or Company’s negligence. Further, by entering an Off-Leash Facility, you release, waive, discharge, and covenant not to sue the Company from any liability, claim, or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your pet thereon. You also agree to indemnify and hold harmless the Company and its employees, whether injury or damage is caused by your negligence, the negligence of the Company, or the negligence of any third party from any loss, liability, damages or costs, including court costs and attorneys’ fees, that the Company may incur arising out of or related to your presence at an Off-Leash Facility. The foregoing terms constitute a material inducement to the Company to allow you or your pet to utilize the Services or to access any Off-Leash Facility.
C. THE COMPANY’S ACCESS TO YOUR HOME
The Services may include scheduled visits where the Company provides pet care at your home (“Home Access”).
The Company may make available lockboxes for purchase to facilitate Home Access. You are responsible for maintaining any lockbox, including those purchased from the Company, or electronic locks as well as providing the Company with any necessary copies of keys and key fobs. You must ensure that the Company has your current alarm system information, if applicable, and you are solely responsible for any fees, penalties, or expenses resulting from the Company’s personnel setting off an alarm system during a visit. The Company will make all reasonable attempts to secure the home at the conclusion of the any Home Access related services, but the Company is not responsible for the proper functioning of any locks, lockboxes, or electronic locks. In the event that the Company is unable to lock a lockbox or home at the conclusion of a visit, the Company will attempt to inform you and leave the key at your instruction. In the event that the Company misplaces a key or key fob, the Company will promptly notify you and will pay a reasonable fee, not to exceed $200, for replacement.
In connection with Home Access, you must ensure that the Company has a safe place to park at the time of the visit, that your home is kept in a safe condition with no patent or latent conditions that could reasonably cause harm to Skipper personnel, and you must inform Skipper in advance if anyone will be in the home at the time of the visit. The Company will not provide any Services during a Home Access visit other than to those pets for whom you have purchased the respective Services.
You understand and agree that the Company will not be liable for damage to any locks, lockboxes, electronic locks, the home, or any private property, including without limitation related to a third party gaining access to the home, arising out of the negligence of any of the Company’s personnel. You further agree that you are liable for any damage or injury to Skipper personnel or equipment that occurs during a Home Access visit. Accordingly, you agree to indemnify and hold harmless the Company and its employees and agents from any loss, liability, injury, damages, or costs, including courts costs and attorneys’ fees, that the Company or its employees and agents may incur arising out of or related to Home Access, whether such injury or damage is caused by your negligence, the Company’s negligence, or the negligence of any third party.
D. TERMS RELATED TO SPECIFIC SERVICES
i. Sale of Pet Food and Treats
The Services may include the sale or provision of food items intended for your pet’s consumption either on site at one of the Facilities or pre-packaged to be consumed off-site (“Pet Food”). You understand and acknowledge that each pet has distinct medical and dietary limitations, that the risks inherent in consumption of Pet Food may include allergic reaction, illness, injury, or death, and that Skipper personnel are not trained in veterinary medicine and thus cannot predict the reaction that your pet or any pet will have to consumption of the Pet Food. Accordingly, you agree that you are solely responsible for any injury to your pet as a result of your pet’s consumption of Pet Food. You also agree to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by your pet as a result of consuming Pet Food. Further, you agree to indemnify and hold harmless the Company, whether injury or damage is caused by your negligence, the negligence of the Company, or the negligence of any third party from any loss, liability, damages, or costs arising out of or related to any injury to your pet or another pet arising out of your provision of the Pet Food to such pet.
ii. Pet Training and Behavior Courses
The Services may include one or more classes whereby Skipper personnel provide behavioral education for your pet (the “Classes”). The Classes will generally be scheduled in advance through the Digital Properties. Classes remain subject to the Company’s cancellation policy and all terms generally applicable to the Services as set forth in these Terms of Use. The Company makes no representations or warranties as to the effectiveness or success of the Classes. You understand and acknowledge that each pet is unique in its receptiveness to any form of training and that the Company cannot guaranty any specific results in response to the Classes.
iii. Pet Care Services: Boarding, Grooming, and In-Home Care
The Services may include boarding, grooming, in-home care, dog walking, and other accommodation of pets in which the pets are taken into the Company’s care at one of the Company’s Facilities or in your home (“Pet Care Services”). While the Company is providing any Pet Care Services to your pet, the Company generally requires that you provide any and all necessities (specially including all food and medication) as your pet may need for the full duration of the intended care period, as well as instructions directing the Company on how and when those necessities are to be administered. You understand and agree that the safety and quality of the necessities you provide is your sole responsibility, and that you indemnify and hold harmless the Company against any injury your pet, another pet at a Facility, or any Skipper personnel arising out of or relating to the unsafe quality of such necessities.
While providing Pet Care Services to your pet, the Company reserves the right to make any and all decisions and to take any and all actions that the Company deems to be in the best interest of your pet. If the Company determines, in its sole discretion, that the necessity items you have provided are dangerous or unsuitable for your pet, the Company explicitly reserves the right to provide an alternative and to charge you for the cost of the alternative items provided. Further, if the Company determines, in its sole discretion, that the instructions you have provided related to the administration of necessities or of any other Service, including grooming Services, are dangerous or unsuitable for your pet, the Company explicitly reserves the right to take such alternative actions as the Company deems necessary and appropriate and to charge you for the cost of the additional or alternative Services provided. If the Company deems it necessary to make a decision or takes an action regarding your pet’s care that is inconsistent with your instructions, the Company will make a reasonable effort to contact you.
iv. Transportation
The Services may include transportation of your pet by Skipper personnel from one location to another. By using the Company’s pet transportation services, you agree and acknowledge that, for the purposes of these Terms of Use, any vehicle or vehicles in which your pet is transported constitute a Facility, and any terms articulated herein applicable to Facilities are applicable thereto.
v. Alcohol Sales
The Services may include the sale of alcohol at the Facilities. You understand and acknowledge that the consumption of alcohol can impair one’s ability operate heavy machinery and is associated with significant health risks. If you consume alcohol at a Facility, you agree that you are solely responsible for and assume all risk associated with any and all injury or damages you may suffer or that you may cause third parties to suffer as a result of said consumption including, without limitation, property damage, personal injury, death, disfigurement, or loss of consortium. Further, you agree to fully indemnify and hold harmless the Company from any loss, liability, damages, or costs that the Company may incur due to your consumption of alcohol at a Facility, whether or not arising out of your negligence, the Company’s negligence, or the negligence of a third-party.
You understand and acknowledge that it is illegal for you to consume alcohol if you are under twenty-one (21) years of age. By purchasing alcohol from the Company, you represent and warrant that you are at least twenty-one (21) years of age or older. By using the Services, you assume the risk of any fines, arrests, or legal actions brought against you for failure to comply with applicable law with respect to the consumption of alcohol. Further, you agree not to misrepresent, whether by explicit misrepresentation or by omission, your age in order to use the Services, and to fully indemnify the Company for any penal or pecuniary damages as the Company may suffer as a result of your any such misrepresentations.
You understand and acknowledge that alcohol is an intoxicating substance and that it is illegal to operate heavy machinery, including motor vehicles, while intoxicated. By using the Services, you agree to comply with applicable law with respect to operation of a motor vehicle while intoxicated. Further, you agree to indemnify and hold the Company harmless for pecuniary or penal damages arising out of any injury to yourself or your personal property, or to other individuals or their personal property, resulting from your operation of a motor vehicle while intoxicated or other failure to comply with applicable law.
You understand and acknowledge that it is illegal to consume alcohol in certain public areas and doing so may result in fines and arrest. By using the Services, you agree to comply with applicable law with respect to the consumption of alcohol in public places and to assume the risk of any fines, arrests, or legal actions that are brought against you for your negligence or failure to comply with such applicable law. Further, you agree to indemnify the Company for any damages the Company may suffer as a result of your negligence or failure to comply with applicable law.
E. THIRD-PARTY VENDORS
From time to time, third-party vendors (each a “Vendor”) may offer to provide goods or services ancillary to those provided by the Company at one of the Company’s Facilities. You understand and acknowledge that each Vendor is totally independent of the Company, and is engaged either as an independent contractor, lessee, or licensee, or has engaged the Company as such, or has no formal legal relationship with the Company at all, each as the case may be. You understand and acknowledge that the Company provides only the Services identified herein, and thus has no control over or responsibility or liability for the acts or omissions of any Vendor. Further, you understand and acknowledge that the Company does not assess nor guarantee the suitability, legality, safety, or quality of any Vendor or the goods or services any Vendor provides. You understand and acknowledge the same to be true even where the Company accepts payment on the Vendor’s behalf. Accordingly, you agree to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury in, including death, that may be sustained by you or your pet that occurs as a result of goods or services provided by Vendors.
Some Vendors may offer services that would be unlawful for the Company to provide. For the avoidance of doubt, you understand and acknowledge that the Company is not a veterinary practice and is not licensed to perform veterinary medical services or to otherwise engage in the practice of veterinary medicine, whether under the laws of the State of North Carolina or any other state, and that the Company is in no way responsible for any veterinary medical services provided by Vendors to your pet even if the Company accepts payment for veterinary medical services on a Vendor’s behalf. The Company makes no representations as to the licensure or qualification of any Vendor providing veterinary medical services, or any other professional services, at any of the Company’s Facilities. Accordingly, you agree to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury in, including death, that may be sustained by your pet that occurs as a result of veterinary medical services provided by a Vendor.
The Company’s charges for the Services are subject to change at any time in the Company’s sole discretion; provided, however, that you will be notified of price increases prior to being charged.
The Company requires valid payment method on file with the account holder in advance of the provision of services provided through the Digital Properties. In order for the Company to facilitate convenient payments, and as a condition precedent to your use of the Services, you grant the Company the right to share your payment information with any third-party Vendor. The Company will generally charge you for the Services using the payment information you provide. All failed charges or inappropriately disputed charges are subject to a fee of ten percent (10%) of the value of the charge being added to your bill. For all payments made other than through the Digital Properties, the Company may accept cash or charge through any other point of sale system as deemed appropriate by the Company. Failure to close a tab or make any payment due at the Company’s point of sale system at the time such payment is due will result in a fee of up to twenty percent (20%) of the sum then due.
Cancelations within 7 days of your appointment may incur fees up to the total cost of your scheduled services, at the sole discretion of the Company. This cancelation policy could change at any time based on, but not limited to, Facility location, Facility type, holiday hours, etc. Pre-purchased services may expire within 6 months of purchase and are not entitled to any refund.
When you pay for Services, you will be required to provide the Company with a valid credit card or other payment information, and you must maintain that payment information (or an acceptable alternative payment method) on file so long as you have an account. You authorize the Company to charge your credit card or payment method for fees you incur through the Company’s Services as they become due and payable, and to charge any alternative payment method the Company has on record in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If the Company cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive payment when due, then you understand that the Company will not be responsible for any failure to provide Services associated with those fees. In the event the Company does not receive payments when due, the Company also reserves the right to suspend your account and cancel all future scheduled visits until payment is received. Except as expressly provided, all payments to the Company are non-refundable once paid.
The Company does not advance or pay any veterinarian or other bills for pets. Any such bill is the sole responsibility of the owner associated with the pet. The Company will ask you to provide a maximum allowable expense amount for veterinarian bills, which you authorize the Company to pay using the payment method on file in the event of an emergency.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Digital Properties will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE DIGITAL PROPERTIES, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES IS AT YOUR OWN RISK. THE DIGITAL PROPERTIES, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DIGITAL PROPERTIES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DIGITAL PROPERTIES, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DIGITAL PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You are aware that utilizing the Services carries inherent risks of injury or loss to you, to the pets themselves, and to property. You freely assume the above-mentioned risks as well as other risks not listed that are part of the Services, and any harm, injury, or loss that may occur to you or your property as a result of your use of the Services—including any injury or loss caused by the negligence of the Company and its personnel.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE DIGITAL PROPERTIES OR THE COMPANY’S SERVICES AND FACILITIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company may choose, in the Company’s sole discretion, to refund fees that you have paid to the Company or to reimburse costs that you have incurred from the Company in response to allegations of the Company’s negligence, gross negligence, or willful or wanton conduct allegedly resulting in any loss, damage, or injury to you, your pet, or your property. Unless explicitly agreed to in writing by the Company, no such refund, reimbursement, or other payment of funds to you shall be deemed to be an admission or fault or liability for any alleged harm.
Under no circumstances will the Company’s liability exceed the lesser of (1) the fees paid by you to the Company in the immediately preceding six-month period or (2) $500.00.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Company’s Services, including, but not limited to, your User Contributions, any use of the Digital Properties’ content, services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Digital Properties, or any injury or loss caused by you or your pets.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute, or otherwise (including the interpretation and scope of this Arbitration provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors, or assigns, which arises out of or relates to your use of the Services, shall be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. Any arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the American Arbitration Association cannot serve as arbitrator, the parties will agree on another arbitrator.
You may get a copy of the arbitration rules by contacting the American Arbitration Association or visiting its website. The arbitration will be held in Mecklenburg County, North Carolina. The arbitrator will decide the substance of all claims in accordance with the laws of the State of North Carolina, including recognized principles of equity, and will honor all claims of privilege recognized by law.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If the Arbitration Agreement above does not apply by reason of being ruled unenforceable by an arbitrator or a court of competent jurisdiction, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Digital Properties or Facilities shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the city of Charlotte and Mecklenburg County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
All matters relating to these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Company with respect to all Digital Properties and Facilities and any purchases made by you via the Digital Properties or at a Facility, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same.
All feedback, comments, requests for technical support, and other communications relating to the Digital Properties should be directed to hello@skiptown.io.
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