You must be eighteen (18) or over to register as a User or use the Web site or mobile application. Registration is void where prohibited. By registering and/or using the Web site, You represent and warrant that you are over the age of Eighteen (18), have the right, authority, and capacity to enter into and abide by these TOU and agree to be bound by the TOU. You are not eligible if you have been previously terminated as a User.
You will be, as part of the registration process, asked to select a unique user name and password to establish Your account. You are solely responsible for maintaining the security of the account. You are responsible for keeping your password confidential and for notifying use if your password has been compromised. You will notify us in the event that you become aware of unauthorized use of your account or any breach of our security. You are responsible for all of services requested under Your account. Groomit is not responsible or liable for any loss you may incur as a result of someone else using your password or account, with or without your knowledge. We may hold You responsible for any losses incurred as a result of your failure to maintain the security of Your account.
You agree that your use may result in charges to you for the Groomit Service arranged through the Web site or mobile application. We will facilitate payment for the Groomit Service by serving as an agent for You, but You understand and agree that We are not proving the service. Charges against You are final and non-refundable unless otherwise agreed between the Pet Owner and/or Groomer. In the event you have a dispute with the Groomer we will seek to facilitate a resolution of any such dispute, but We shall not be responsible to You for a reimbursement of any money paid.
Term and Termination.
These TOU will remain in full force and effect as long as You are a User. They apply to anything You do through/on the Groomit Web site, this includes, but is not limited to, posting photos of you and your pet, requesting services, providing services, providing products, buying products, sharing your story, and any blogging or posting that You do through our Website respectively. We have the right to investigate any allegations that You have violated these TOU, and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, terminating your User status, pursuing legal action against You and reporting your conduct to the appropriate legal authorities. Subject to your compliance with these TOU, you have a non-exclusive, revocable and non-transferable right to access and use this website and/or mobile phone application consistent with these TOU. Your use of the content, information and related materials that are made available to you by Groomit pursuant to these TOU is subject to your compliance with these TOU. Your right to use the service is expressly subject to Your compliance with these TOU, which is revocable and non-transferrable, and may be terminated by us for any reason outlined in these TOU or any other reason that we determine in our sole reasonable discretion.
The services provided by Groomit is the platform which enables Pet Owners and Groomers to interact and to enable Pet Owners to arrange for Groomers to come to the Pet Owner’s home or other agreed upon location for the provision of certain grooming services to the Pet Owner’s pet. (hereinafter “Services”) Unless agreed upon in writing, the Services are provided to the Pet Owner for noncommercial use and that the Pet Owner is not permitted to sell the services of the Groomer to any other parties. IT IS AGREED AND UNDERSTOOD GROOMIT DOES NOT PROVDE GROOMING SERVCIES BUT ACTS AS A PLATFORM FOR PET OWNERS AND GROOMERS TO INTERACT.
You may have the right to use our platform only in strict compliance with the following terms and conditions and your failure to comply may result in your termination as a User.
You are not permitted to use the platform in any manner that could result in damage to our system, disable or overburden our network or interfere/interrupt any other user’s ability to use the platform.
You may not attempt to gain access to our platform using any username other than the one obtained by You. You may not, and shall not assist others in accessing our platform for any purpose other than for the strict purposes intended.
You may not seek to use our platform to promote any business, venture or other activity without first obtaining our prior written permission, which may be withheld for any reason and no reason.
If You Are a Pet Owner.
If you are a Pet Owner, You agree that:
You and your pet will be at the designated location at the designated time ready for the Groomer to provide his/her services.
You will have prepared the designated location for the groomer, by ensuring that there are the following items ready for the use of the groomer:
Sink with hot and cold water;
Space for the groomer to place a table, upon which he/she will groom the pet, free of debris and/or clutter;
An electrical outlet and electricity, with sufficient capacity for a hair dryer;
A waste receptacle for the groomer to dispose of the pet clippings when the work is completed; and
Any other item reasonable and necessary for the groomer to perform the services requested by the Pet Owner.
You will not solicit the groomer to provide you with services directly but only arrange for services through our platform.
You will be responsible to pay for all of the services you have arranged unless you cancel such service more than twenty-four (24) hours prior to the time the service is scheduled to be provided. If you cancel on less than twenty-four (24) hours notice you will be charged the full fee for the service.
If You Are a Groomer:
If You are a Groomer, you agree that:
You will be at the designated location at the designated time ready to provide the grooming services.
You bring with you all equipment reasonable and necessary to perform the services to the Pet Owner, which such items include, but are not limited to:
Comb and brush;
Sprayer attachment for sink;
Hair Dryer and extension cord;
Hair bows and/or bandana; and
Any other item reasonable and necessary for the groomer to perform the services requested by the Pet Owner.
You will not solicit the Pet Owner to services directly but only arrange for services through our platform.
Ownership of Content.
We own all proprietary rights in the Service and the Website, including, without limitation, all trademark rights in Groomit name and logo, all patent rights in the Service, and all copyright and other rights in the content that we display or post on the Website (“Content”). You may not copy, publish, transmit, distribute copies of, perform, display, or modify any Content except as is necessary to use the Service.
Limitations on Use of the IDNID Service.
We operate the Service solely as a platform that permits groomers and pet owners to interact. We do not provide any grooming services. We will investigate any illegal and/or unauthorized uses of the Service and we will take all legal action that we consider necessary or appropriate to ensure that such activity is stopped.
Interaction and Disputes with Other Users; Release.
Whether You are a Groomer or a Pet Owner, other than as specifically provided in these TOU, You are solely responsible for your communication and interaction with other Users. If there is a dispute between any Groomer and any Pet Owner, between any other Users, or between Groomer or Pet Owner and any third party, We are under no obligation to become involved, and You hereby release Groomit, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. In the event that we are forced to be involved in any such dispute, You agree that You shall be responsible for any and all legal fees and costs we incur as a result of our involvement. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree that we may send you information by text message (SMS) and You shall be responsible for any and all fees, expenses and carrier charges that may be imposed upon you by your cellular telephone service provider.
You will indemnify Groomit and its subsidiaries, affiliates, officers, agents, and other partners and employees (the “Groomit Parties”) and hold them harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the IDNID Service, including, without limitation, any claim arising from your breach of any of these TOU and/or any breach of your representations and warranties set forth above.
DISCLAIMER OF WARRANTIES.
GROOMIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION OR YOUR USE OF THE GROOMIT WEBSITE OR APP, INCLUDING, WITHOUT LIMITATION:
THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. GROOMIT EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE GROOMIT SERVICE WILL ALWAYS BE AVAILABLE OR THAT IT WILL OPERATE ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR (i)) ANY INTERRUPTIONS TO THE AVAILABILITY OF THE SERVICE, WHETHER SUCH INTERRUPTIONS ARE DUE TO INTERNET EVENTS BEYOND GROOMIT’S CONTROL, TO PROBLEMS WITH THE GROOMIT SERVERS, OR TO PROBLEMS WITH YOUR COMPUTER OR YOUR INTERNET CONNECTION, AND (ii) ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY HARM YOUR COMPUTER AS A RESULT OF YOUR INTERACTION WITH THE GROOMIT SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GROOMIT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IDNID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GROOMIT SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GROOMIT SERVICE OR THE WEBSITE; ARISE FROM THE SERVICES PROVIDED BY A GROOMER OR ACTIONS BY A PET OWNER, INABILITY TO USE THE GROOMIT SERVICE OR THE WEBSITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GROOMIT SERVICE OR THE WEBSITE; ACTIONS TAKEN OR STATEMENTS MADE, BY A GROOMER OR PET OWNER OR BY ANY THIRD PARTY WHOM YOU MAY MEET OR WITH WHOM YOU MAY COMMUNICATE AS A RESULT OF USING THE GROOMIT SERVICE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GROOMIT SERVICE OR THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to You.
Governing Law, Jurisdiction, Time Limit on Claims.
If you have any dispute with us, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of Yonkers. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Groomit Service or the TOU must be filed by You within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any dispute or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively “Disputes”)will be settled by binding arbitration between You and Groomit, except that each party retains the right to bring an action in small claims court and the righto seek injunction to prevent actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. You acknowledge and agree you are waiving your right to trial by jury. Any arbitration shall be in Yonkers, NY using the American Arbitration Association commercial arbitration rules using a single arbitrator to be selected by Groomit. The parties shall equally share the expenses associated with such Arbitration.
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.
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