(hereinafter “You”) and Groomit LLC (“Groomit,” “we” or “us”), the company that owns and
operates the website and/or application for use on a mobile telephone for the services outlined
herein. By using the Groomit Website and/or (the “Website”) and its related services
(collectively, the “Groomit Service”), whether You are using it as a pet owner (a “Pet Owner”),
a groomer looking to provide services (a “Groomer”) , or just a browser (a “Browser”)(all of
which are collectively referred to herein as “User”), You agree to be bound by these Terms of
Use (”TOU”). We may modify these "TOU" from time to time, without notice to You, and any such
changes and/or modifications shall be binding upon You effective as of the date of such change
and/or , so You are advised to check this page periodically. You acknowledge that information
You provide is accurate and complete and that We may terminate this Agreement in the event it is
revealed the information You provided is inaccurate or incomplete.
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 and your pet will be calm and ready for grooming.
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.
While we will always do what is safest for your pet, the removal of mats is a time consuming and sometimes dangerous process. If your pet is severely matted, we may be unable to save their coat without causing harm or discomfort. Therefore, customers who use our dematting service must give their consent to Groomit For Pets LLC to remove (shave down or spot shave) their pet's coat if necessary. By agreeing, you release Groomit for Pets LLC from any and all liability for any skin conditions that might be revealed by the removal of the matted coat. You must understand that such pre-existing conditions are not the responsibility of Groomit for Pets LLC. Revealed medical conditions may require veterinary care and you will assume financial responsibility of any such expense.
You agree to cancel the services in the event that your pet is not well and/or is not in a condition where your pet can be safely groomed. If you fail to cancel and your pet is sick and/or unable to be safely groomed, you will be charged a fee of 50% of the grooming charge. The determination that your pet is unable to be groomed shall be made by the groomer in his/her sole discretion.
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
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.