By use of the PaWiggles platform, “all” agree to wholly abide by the Terms and Agreement Policies. Further, the word “all” includes Pet Owners, Users, and Everyone. In addition, these Terms & Agreement Policies are not void if you choose to no longer use or need Pa🐾Wiggles Pet Care Service. The Terms and Agreement Policies survive after pet care services have been rendered. ***
PLEASE READ THESE TERMS CAREFULLY. SECTION 8.4 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
ALSO, SECTION 19 INCLUDES A CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.
1. Acceptance of Terms; Modifications
Acceptance of Terms; Modificatdions:
Further, the Terms govern all use of the Pa🐾Wiggles Service, whether you access it from the website at https://www.pawiggles.com (including any subdomain or localized version) (the “Site”), the mobile applications and mobile websites, the Facebook application, the online or phone support offerings, or any other access point Pa🐾Wiggles may make available to “all”.
1. Acceptance of Terms; Modifications
Acceptance of Terms; Modifications Cont.:
Furthermore, the PaWiggles Bonded & Insured Terms, and other Policies applicable to your use of the Pa🐾Wiggles Service are incorporated by reference into these Terms of Service.
BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR
USING THE PAWIGGLES SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE
YOU DO NOT HAVE THE RIGHT TO USE THE PAWIGGLES SERVICE.
Acceptance of Terms; Modifications Cont.
Pa🐾Wiggles may change the Terms from time to time. Also, any such changes will be effective (except as otherwise described in Section 8.13 below) when Pa🐾Wiggles posts the modified Terms on the Pa🐾Wiggles Service, unless otherwise required by applicable law. Also, by continuing to access and use of the Pa🐾Wiggles Service after the modified Terms are posted will constitute your consent to be bound by the modified Terms. Therefore, you acknowledge and agree to these terms by using the pet care services.
2. Pa🐾Wiggles Service
2.1 Nature of the Pa🐾Wiggles Service.
The Pa🐾Wiggles Service consists of a desktop Web application, mobile applications, and other related tools and services that “all” can use to find pet care services and communicate with Pa🐾Wiggles. Also, there are no charging fees for using the Pa🐾Wiggles Service.
2.2 Pet Owners, Users, and Everyone (“all”).
2.2 Pet Owners, Users, and Everyone (“all”).
The actions and or conduct by (“all”) who use the Pa🐾Wiggles Platform, interact with the website, apps, or request and/or book pet care services, will not be held liable on behalf of Pa🐾Wiggles. Additionally, Pa🐾Wiggles does not employ, recommend or endorse those who use the Pa🐾Wiggles Platform, interact with the website, apps, or request and/or book pet care services. In addition, to the maximum extent permitted by applicable law, Pa🐾Wiggles will not be responsible or liable for the performance or conduct of (“all”) whether online or offline.
Further, Pa🐾Wiggles does not provide screenings of Pet Owners or (“all”) who interact with the website, apps, or request and/or book pet care services. Therefore, you should exercise caution and use your independent judgment before engaging or otherwise interacting with (“all”) via the Pa🐾Wiggles Service.
Furthermore, (“all”) are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, (“all”) responsible for keeping current his or her own pet’s vaccinations. Pa🐾Wiggles will have no liability for anyone’s failure to vaccinate his or her pet.
2.3 Release
2.3 Release
Pa🐾Wiggles will not be held liable for the acts and/or omissions of (“all”) whether online or offline. To the maximum extent permitted by the applicable law, youacknowledge and agree that YOUR USE OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial obligations Pa🐾Wiggles may have are set forth in the Bonded and Insured Terms)
Furthermore, (“all”) are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, (“all”) are responsible for keeping current his or her own pet’s vaccinations. Pa🐾Wiggles will have no liability for anyone’s failure to vaccinate his or her pet.
2.4 Transactions are between Pet Owners and Service Providers
2.4 Transactions are between Pet Owners and Service Providers
The Pa🐾Wiggles Service may be used to find and offer Pet Care Services, and to facilitate payment and transactions. However, please note that third-party payment processors will be used. As a result, in the event of a breach from a third-party processor, Pa🐾Wiggles will take reasonable precautions to ensure the safety of pet care services, payments, and transactions. Yet this is not a guarantee.
In addition, (“all”) agree that Pa🐾Wiggles has no liability for damages associated with Pet Care Services.For example, (Which may include bodily injury to, or death of, a pet) except as is stated herein the Bonded and Insured Policy. Moreover, (“all”) agree to not hold Pa🐾Wiggles liable for damages resulting from any other transactions between (“all”) who use or interact with the Pa🐾Wiggles Service.
2.5 Bookings
2.5 Bookings
Pa🐾Wiggles and (“all’) transact with each other on the Pa🐾Wiggles Service when both agree to a “booking”. That “booking,” will specify the time range and the cancellation policy can be found on the site. Also, a “booking” will include other terms for provision of Pet Care Services. This will be a part of the booking process provided on the Pa🐾Wiggles Service (a “Booking”).
A Pet Owner or Pa🐾Wiggles may initiate a booking. To create a booking, select the type(s) of Pet Care Services needed. Afterwards, (“all”) should then follow the prompts that appear on-screen.
If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you request Pet Care Service.
2.5 Bookings
2.5 Bookings Cont.
If you are a Pet Owner and Pa🐾Wiggles initiates a Booking, you agree to pay for the Pet Care Services described in the Booking when you confirm it.
All requests are subject to acceptance by the receiving party (“Pa🐾Wiggles”). The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason.
Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation and/or on the PaWiggles Platform.
2.6 Pet Owners are Solely Responsible for Evaluating Pa🐾Wiggles Pet Care Services
2.6 Pet Owners are Solely Responsible for Evaluating Pa🐾Wiggles Pet Care Services
Pet Owners are solely responsible for evaluating the suitability of Pa🐾Wiggles for the pet care services offered to (“all”). Pa🐾Wiggles will not be held liable for any choices Pet Owners or (“all”) choose to make regarding using PaWiggles’ Pet Care Services.
2.7 Abandoned Pets; Re-homing
2.7 Abandoned Pets; Re-homing
Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that Pa🐾Wiggles may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Also, the Pet Owner agrees to reimburse Pa🐾Wiggles for all costs and expenses associated with such actions.
Further, if you are the Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Pa🐾Wiggles in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Pa🐾Wiggles in connection with such transfer.
2.8 Emergencies
2.8 Emergencies
Pa🐾Wiggles recommends that Pet Owners provide contact info. of where they can be reached in the event medical care for a pet becomes necessary, and to provide emergency contacts in the Pet Owner profile, of those who have consented to the disclosure of their info.
A Pet Owner gives the authorization below based on their use of the Pa🐾Wiggles Platform: 1. Pa🐾Wiggles and your emergency contact are hereby allowed to obtain and authorize the provision of veterinary care for your pet. 2. Additionally, a Pet Owner also authorizes the pet’s veterinarian(s) to release your pet’s veterinary records to Pa🐾Wiggles. 3. Pet Owners release Pa🐾Wiggles of any injury, damage or liability arising from the provision of emergency care or the failure to seek such care pursuant to this section, from reimbursement that may otherwise have been available to them under the Bonded & Insured Policy.
2.8 Emergencies Cont.
Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Pa🐾Wiggles to charge your credit card or other payment method for such costs. In certain circumstances, a Pet Owner may be eligible for reimbursement under the Bonded & Insured Policy. Pa🐾Wiggles recommends (“all”) have adequate pet insurance to cover the costs of veterinary care.
2.8 Emergencies
2.8 Emergencies Cont.
Further, any pre-existing medical conditions or chronic conditions, that a Pet Owner’s pet(s) have or may have, prior to or after Pet Care Services have been rendered, Pa🐾Wiggles will not be held liable for. Moreover, there will be no liability on behalf of Pa🐾Wiggles for any standard veterinary care and treatment costs for preventative care for your pet(s).
2.8 Emergencies Cont.
Also, any injury to a Pet Owner’s pet(s) that is or was beyond the control of Pa🐾Wiggles will not be covered under the Bonded & Insured Policy. As a result, Pa🐾Wiggles will not be held liable. Lastly, there will be no liability on behalf of Pa🐾Wiggles in the event of an injury to a Pet Owner or persons related to, or residing with the Pet Owner.
2.8.1 Lost Pet Policy
2.8.1 Lost Pet Policy
In the event a pet(s) becomes lost, Pa🐾Wiggles will help assist in searching for the lost pet(s). However, only in its sole discretion. Based on the circumstances surrounding a Pet Owner’s pet(s) becoming lost, the Bonded & Insured Policy may be applied on a case-by-case basis. Yet this is not a guarantee, and it is up to the sole discretion of Pa🐾Wiggles.
2.8.1 Lost Pet Policy Cont.
Lastly, Pa🐾Wiggles will not look for lost pet(s) that got out or got loose prior to performing pet care services, and or after pet care services have been rendered. Every Pet Owner is solely responsible for caring for the safety of his/her/their pet(s).
3. Certification of Compliance with Applicable Law.
3. Certification of Compliance with Applicable Law.
By accessing and using the Pa🐾 Wiggles Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Pa🐾Wiggles Service.
This means that among other things per required by local laws or regulations, you as a Pet Owner, will ensure all your pets are vaccinated, licensed, identification-tagged and/or microchipped. Moreover, this also means as a Pet Owner, you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Pa🐾Wiggles (and that such policies will benefit third parties, including Pa🐾Wiggles, to the same extent they benefit you). Lastly, as a Pet Owner, you acknowledge the entitlement Pa🐾Wiggles has to rely on these certifications from you. And is not responsible to ensure that (“all”) have complied with applicable laws and regulations. Also, you acknowledge Pa🐾Wiggles will not be liable for Pet Owners, Users, and Everyone’s (“all”) failure to do so.
4.1 Your Conduct on the Pa🐾Wiggles Service
4.1 Your Conduct on the Pa🐾Wiggles Service
Please see the “Parent Code of Conduct” on the Pa🐾Wiggles website. This “Parent Code of Conduct” is included as part of the Terms of Service and Agreement Policy even if not expressly stated on the PaWiggles website.
4.2 Suspension and Termination
4.2 Suspension and Termination
You understand and agree that Pa🐾Wiggles has no obligation to provide the Pa🐾Wiggles Service in any specific location or territory, nor to continue providing it once the pet care service has begun.
Pa🐾Wiggles reserves the right to suspend or terminate your access to the Pa🐾Wiggles Service if: (1) in Pa🐾Wiggles discretion your conduct on the Site or Pet Care Service is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in Pa🐾Wiggles discretion to protect Pa🐾Wiggles, (“all”), pets, or the public. As a result, the cancellation policy will not be applied to pet care services that have already been rendered in part or whole.
You may suspend or terminate your use of the Pa🐾Wiggles Service at any time and for any reason. If you wish to deactivate your account, please contact Pa🐾Wiggles or log into your account and visit “Account Settings”. Note, that if you have any outstanding payment obligations, those will survive suspension or termination of your account. Also, the cancellation policy will not be applied to pet care services that have already been rendered in part or whole.
5. Registration, Account Security
5. Registration; Account Security
In order to use some aspects of the Pa🐾Wiggles Service, you will be required to create a username, password, and user profile, and pet profile. If you elect to use the Pa🐾Wiggles Service, you agree to provide accurate information about yourself and keep this information up to date.
You agree not to impersonate anyone else and not to maintain more than one account. Or, if Pa🐾Wiggles suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Pa🐾Wiggles Service and are responsible for all activity under your account. You agree to notify Pa🐾Wiggles promptly of any unauthorized use of your account. Pa🐾Wiggles will not be held liable.
6.1 License
6.1 License
Except for the limitations on Pa🐾Wiggles use and disclosure of personal info. described in the Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Pa🐾Wiggles an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute any content in connection with providing and/or promoting the Pa🐾Wiggles Service, and to sublicense these rights to third parties.
6.2 Release
6.2 Release
This applies to your name, voice, image, persona, likeness, or performance is included in any of Your Content. As a result, you hereby waive, and release Pa🐾Wiggles and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of any content in accordance with the license in Section 6.1 and the other provisions of these Terms.
6.3 Phone, Text, and Mobile Communications.
6.3 Phone, Text, and Mobile Communications
Only applies to (“all”) in the United States. Also, please read the Privacy Policy Statement located here.
6.4 Phone Number Changes
6.3 Phone, Text, and Mobile Communications
Further, in the event you deactivate a mobile phone number provided to Pa🐾Wiggles, you agree to update your Pa🐾Wiggles account info. promptly to ensure that messages are not sent to the person who acquires your old number. Any delays or issues that arise because of this update not being notified to Pa🐾Wiggles in a timely manner, Pa🐾Wiggles will not be held liable.
6.5 Fees & Payment
6.5 Fees & Payment
The benefit of booking pet care services with Pa🐾Wiggles, are no fees!! Also, for payment details on all Pet Care Services, please visit the website https://www.pawiggles.com for more info.
6.6 Authorization to Charge
6.6 Authorization to Charge
When you pay for Pet Care Services on the Pa🐾Wiggles Platform, you will be required to provide a valid, up-to-date credit card or other payment info. and to maintain that payment info. (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings.
You authorize Pa🐾Wiggles to charge your credit card or other payment method for charges you incur on the Pa🐾Wiggles Service as they become due and payable. Additionally, you authorize Pa🐾Wiggles to charge any alternative payment method Pa🐾Wiggles has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. By your use of the Pet Care Services, you agree to the Terms set forth.
6.6 Authorization to Charge Cont.
You are responsible for maintaining up-to-date payment info. If Pa🐾Wiggles cannot charge you for Pet Care Services when due because your payment info. is no longer valid, then Pa🐾Wiggles will not be held liable for any failure to provide pet care services associated with those charges.
Moreover, if Pa🐾Wiggles does not receive your payment when due, then you understand that Pa🐾Wiggles will not be responsible for any failure to provide pet care services associated with those charges.
Further, all charges paid via the Pa🐾Wiggles Service are non-refundable once paid. This applies to pet care services that have been rendered in whole or in part. Otherwise, the Cancelation Policy applies.
6.7 Third Party Services, Links
6.7 Third Party Services, Links
You acknowledge that Pa🐾Wiggles relies on the services of third-party providers (such as payment processors) to supply the Pa🐾Wiggles Service. The Pa🐾Wiggles Service may also contain links to third party websites or resources. You acknowledge and agree that Pa🐾Wiggles is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources; Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6.8 Indemnity
6.8 Indemnity
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW. YOU AGREE TO DO THE FOLLOWING: DEFEND, INDEMNIFY AND HOLD PAWIGGLES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1)transactions and interactions, online or offline, with other users of the Pa🐾Wiggles Service; (2) breach of these Terms;(3) disputes with other users of the 🐾Wiggles Service.
6.8 Indemnity Cont.
(4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or (6) your use of any Background Check or Identify Verification information in violation of any applicable law.
FURTHER, YOU AGREE THAT YOU WILL COOPERATE WITH PA🐾WIGGLES IN THE DEFENSE OF SUCH CLAIMS. FURTHERMORE, PA🐾WIGGLES RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE. AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION. AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
6.9 Pa🐾Wiggles Trademarks
6.9 Pa🐾Wiggles Trademarks
Pa🐾Wiggles owns all rights in and to its trademarks, service marks, brand names and logos (the “Pa🐾Wiggles Marks”). (1) you will not adopt or use any Pa🐾Wiggles Marks other than as explicitly authorized by Pa🐾Wiggles, and you will not use, register, or apply to register the Pa🐾Wiggles Marks, the term PAWIGGLES, or any other term that includes the term PAWIGGLES, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.
7.0 Warranty Disclaimer for the Pa🐾Wiggles Service
7.0 Warranty Disclaimer for the Pa🐾Wiggles Service
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAWIGGLES DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFO. AND MATERIALS ON THE PAWIGGGLES SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PA🐾WIGGLES.
(3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PAWIGGLES SERVICE WILL BE CORRECTED.
7.0 Warranty Disclaimer for the Pa🐾Wiggles Service Cont.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAWIGGLES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PAWIGGLES SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, PAWIGGLES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND. WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF PAWIGGLES OFFERING PET CARE SERVICES VIA THE PAWIGGLES SERVICE.
8. Limitation of Liability
8.1 Exclusion of Certain Types of Damages
To the maximum extent permitted under applicable law, in no event will Pa🐾Wiggles be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses; and that, arise out of or relate to the use of or inability to use the Pa🐾Wiggles Service. Also, this includes without limitation damages related to any info. received from the Pa🐾Wiggles Service. Moreover, the removal of your profile info. or review (or other content) from the Pa🐾Wiggles Service. Further, any suspension or termination of your access to the Pa🐾Wiggles Service. And too, any failure, error, omission, interruption, defect, delay in operation. Or, transmission of the Pa🐾Wiggles Service. even if Pa🐾Wiggles is aware of the possibility of any such damages, losses or expenses.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
8.2 Limit on Pa🐾Wiggles Liability to You
8.2 Limit on Pa🐾Wiggles Liability to you
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PAWIGGLES’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PAWIGGLES SERVICE. OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PAWIGGLES. DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. OR, IF YOU HAVE NOT PAID PAWIGGLES FOR THE USE OF ANY SERVICES. THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY). Also, (Any financial obligations Pa🐾Wiggles may have to its users in connection with user conduct are limited to the reimbursement obligations as set forth in the Pa🐾Wiggles Bonded and Insured Policy).
8.3 No Liability for non-Pa🐾Wiggles actions
8.3 No Liability for non-Pa🐾Wiggles Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAWIGGLES BE LIABLE FOR ANY DAMAGES WHATSOEVER. WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE. INCLUDING THIRD-PARTY SERVICES, IN CONNECTION WITH THE PAWIGGLES SERVICE. INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PAWIGGLES SERVICE.
OR THIRD-PARTY SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PA🐾WIGGLES SERVICES WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
8.3 No Liability for non-Pa🐾Wiggles Actions Cont.
IF YOU HAVE A DISPUTE WITH A PET OWNER OR (“ALL”), YOU AGREE TO RELEASE PAWIGGLES FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE. ALSO, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EXCEPT AS SPECIFICALLY SET FORTH IN THE PAWIGGLES BONDED AND INSURED POLICY. ALSO, IN NO EVENT WILL PAWIGGLES BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF; A PET OWNER OR (“ALL”) FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
8.4 Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT DESCRIBES HOW DISPUTES BETWEEN YOU AND PA🐾WIGGLES WILL BE RESOLVED.
8.4 Arbitration Agreement and Class Action Waiver
This Section 17 is referred to as the “Arbitration Agreement” in these Terms. By your use of the PaWiggles Platform, (“all”) agree to the Arbitration Agreement between you and PaWiggles ( the “Parties”). Also, thus Arbitration Agreement survives after pet care services have been rendered or are no longer needed or the Pet Owner ceases to use the Pa🐾Wiggles Platform, apps, or website.
Additionally, the (“Parties”) agree that any and all disputes or claims that arise between you and Pa🐾Wiggles to the Pa🐾Wiggles Service, interactions with others on the Pa🐾Wiggles Service, or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement.
8.4 Arbitration Agreement and Class Action Waiver Cont.
“Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by PaWiggles arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property. (This includes without limitation, copyrights, trademarks, trade names, or logos. Also, trade secrets or patents) or emergency injunctive relief based on exigent circumstances. For example, (e.g., imminent danger or commission of a crime, hacking, cyber-attack), and (4) claims that an arbitrator determines cannot be made subject to arbitration as described in Section 8.5 below.
8.5 Agreement to Arbitrate
8.5 Agreement to Arbitrate
Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below; you and PaWiggles agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court (except as specifically permitted in Section 8.14 (d)-(e)), in accordance with this Arbitration Agreement.
8.5 Agreement to Arbitrate
8.5 Agreement to Arbitrate Cont.
Also, your rights in connection with all Claims (other than Excluded Claims); will be determined by a neutral arbitrator not by a judge or jury. You and PaWiggles also agree that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement. This means any claim, cause of action, or requested remedy. Moreover, that claim, cause of action, or request for remedy will be severed. Further, that claim, cause of action, or request for remedy will be stayed; pending arbitration of the remaining claim, cause of action or requested remedy.
8.6 Prohibition of Class and Representative Actions and Non-Individualized Relief.
8.6 Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND PAWIGGLES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SPECIFICALLY PERMITTED IN SECTION 8.14(d)-(e). UNLESS BOTH YOU AND PAWIGGLES AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE; AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF; AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PA🐾WIGGLES SERVICE USERS.
8.6 Prohibition of Class and Representative Actions and Non-Individualized Relief.
8.6 Prohibition of Class and Representative Actions and Non-Individualized Relief Cont.
Notwithstanding any other provision of this Arbitration Agreement or the Rules (as defined in Section 8.8), disputes regarding the interpretation, applicability, or enforceability of this Section 8.6 may be resolved only by a court and not by an arbitrator.
In any case in which (a) the dispute is filed as a class, collective, or representative action and (b) there is a final judicial determination that this Section 8.6 is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then: (i) that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and stayed.
8.6 Prohibition of Class and Representative Actions and Non-Individualized Relief.
8.6 Prohibition of Class and Representative Actions and Non-Individualized Relief Cont.
(ii) As to all such remaining claims or remedies; to the fullest extent possible, Section 8.6 shall be enforced in arbitration on an individual basis.
8.7 Pre-Arbitration Dispute Resolution
8.7 Pre-Arbitration Dispute Resolution
Pa🐾Wiggles preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. However, before you start arbitration, you must first contact PaWiggles in writing to explain your complaint. You can send your complaint through the PaWiggles Office listed below; and give Pa🐾Wiggles an opportunity to work with you to resolve it. You or your legal representative, if you have one, may contact Pa🐾Wiggles On-Demand Pet Care Service by mail at PaWiggles 18121 E Hampden Ave Unit C #1251 Aurora, CO 80013. Your written complaint must include your name, and the email address associated with your account; and a detailed description of the nature and basis of the dispute, and the specific relief sought.
8.7 Pre-Arbitration Dispute Resolution Cont.
Your written complaint must be on an individual basis and personally signed by you. For any dispute that PaWiggles initiates, a written complaint will be personally signed by a PaWiggles representative and sent to the email address associated with your account. The resolve for the written complaint of the issue has to be within 30 days after receiving it. When 30 days has passed, either party may initiate arbitration. This is specified in Section 8.8 “Arbitration Procedures” or Section 8.14 “Bellwether Arbitrations,” as appropriate.
8.8 Arbitration Procedures.
As used in this Section 8, the applicable arbitration rules described below are referred to collectively as the “Rules”.
US Disputes
A neutral arbitrator will conduct the arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures for disputes arising in the US. (as modified by the JAMS Consumer Arbitration Minimum Standards in cases of consumer arbitrations) (the “JAMS Rules”). Also, this arbitration will be in effect at the time a claim is made; currently available at https://www.jamsadr.com/rules-streamlined-arbitration and https://www.jamsadr.com/consumer-minimum-standards/, respectively.
US Disputes Cont.
In all cases, the arbitrator will decide the substance of all claims in accordance with law as specified in Section 9, below, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall dismiss an arbitration demand on the pleadings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face. You or a PaWiggles representative must personally sign any arbitration demand. Also, the county you reside in or at another mutually agreed location, will be where the arbitration is held.
8.8 Arbitration Procedures.
US Disputes Cont.
All Rules, as modified by this Arbitration Agreement, are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator also must follow the provisions of these Terms as a court would. Also, including without limitation, the limitation of liability provisions in Section 8.
8.8 Arbitration Procedures.
US Disputes Cont.
Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing; providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons. The arbitrator will not be bound by rulings in prior arbitrations involving different Pa🐾Wiggles users. Bound by rulings in prior arbitrations involving the same Pa🐾Wiggles user, the arbitrator will be bound; to the extent required by applicable law.
US Disputes Cont.
As limited by applicable law, these Terms and the applicable Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
8.9 Arbitration Costs
8.9 Costs of Arbitration
Payment of all filing, administration, case management, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the applicable Rules. At the end of any arbitration, the arbitrator may award reasonable attorney’s fees and costs or any portion thereof to either party. As a result, upon determining that the claim, crossclaim, or defense is frivolous; or brought for an improper purpose; (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law.
8.10 Confidentiality
8.10 Confidentiality
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.
8.11 Severability
8.11 Severability
If any term, clause or provision of this Section 8.4 is held invalid or unenforceable, it will be so held to the minimum extent required by law; and all other terms, clauses and provisions of this Section 8.4 will remain valid and enforceable. Provided that if the finding of partial invalidity or unenforceability results in a final determination; that the class action waiver set forth in Section 8.6 fails; with respect to all of the claims in arbitration, then Section 8.4 will be unenforceable in its entirety.
8.12 Opt-Out Procedure
8.12 Opt-Out Procedure
You can choose to reject your agreement to arbitration (Section 8.5) and your waiver of the right to bring or participate in class or representative actions (Section 8.6) by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section 12. The Opt-Out Notice must be postmarked no later than 30 days; after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to PaWiggles 18121 E Hampden Ave Unit C #1251 Aurora, CO 80013. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and the class action waiver and must include your name, address, phone number, and the email address(es) used to register for the PaWiggles Service to which the opt-out applies. You must personally sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver.
8.12 Opt-Out Procedure
8.12 Opt-Out Procedure Cont.
If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with PaWiggles. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement; if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18.
8.13 Future Changes to this Arbitration Agreement
8.13 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against PaWiggles prior to the effective date of the change. Moreover, if PaWiggles terminates this Arbitration Agreement by removing it from these Terms; as a result, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against PaWiggles prior to the effective date of removal.
8.14 Bellwether Arbitrations
For disputes arising in the United States. Also, if the disputes are in close proximity to one another. And there are 20 or more arbitration demands of a similar nature are asserted against; or on behalf of the same or related parties, the following procedures will apply:
8.14.a Bellwether Arbitrations
On an individual basis you need to use JAMS to file demands and otherwise comply with all applicable filing requirements in this Arbitration Agreement. Including the pre-dispute resolution and personal-signature requirements in Sections 8.7 and 8.8.
8.14.b Bellwether Arbitrations
Claimants will collectively select 5 demands and respondents will collectively select 5 demands, for a total of 10 demands, for the disputes to be under “Bellwether Arbitrations.” These Bellwether Arbitrations will be individually arbitrated, as otherwise provided by this Arbitration Agreement. The parties will work in good faith with the arbitrators to complete each Bellwether Arbitration within 120 days of its initial pre-hearing conference.
8.14.c Bellwether Arbitrations
The remaining demands not selected as Bellwether Arbitrations; will not be arbitrated (or otherwise litigated in any venue) except as provided in Section 8.14.(e). JAMS will immediately place any such matters on administrative suspension (or, alternatively, terminate the proceedings). As a result, no party will be responsible for paying any filing or administrative fees in connection with the demand. However, this only applies until the suspension is no longer in place. Or, under Section 8.14(e) the demand is in effect again. A demand that is subject to this paragraph will be tolled as of the date when filed. However, this is only the case when any statutes of limitations are applicable to a demand.
8.14 Bellwether Arbitrations
8.14.d Bellwether Arbitrations
Within 60 days of the completion of the Bellwether Arbitrations (unless the parties agree to a lengthier period), all parties will engage in good faith in a non-binding global mediation of all remaining demands. Unless the parties agree on a mediator, the mediator will be appointed by JAMS and have experience in the underlying subject matter of the disputes. PaWiggles will pay the mediator’s fee. Notwithstanding Section 8.10, the mediator may be provided the results of the Bellwether Arbitrations; in order to facilitate a resolution of all or some of the remaining demands. Counsel for all parties must immediately present to their clients any final settlement offers emanating from the mediation.
8.14.e Bellwether Arbitrations
If the parties are unable to resolve all or some of the remaining demands within 90 days of the completion of the Bellwether Arbitrations (unless the parties agree to a lengthier period), JAMS will lift the administrative suspensions (or reinstate the terminated proceedings) for the unresolved demands only, and the unresolved demands will proceed in individual arbitration as otherwise provided by this Arbitration Agreement. However, any party to an unresolved demand may, upon reasonable notice to the opposing party, opt out of the arbitration process and proceed in court on that unresolved demand. Any unresolved demands that proceed in court under this paragraph may do so in class or representative proceedings (subject to applicable law), notwithstanding any contrary provisions in this Arbitration Agreement. For the avoidance of doubt, the right to proceed in court under the preceding sentence applies only to the unresolved demands that were; filed and subjected to the protocols set forth in this Section 8.14.
8.14 Bellwether Arbitrations
8.14.f Bellwether Arbitrations
The parties agree that the protocols set forth in this Section 8.14, are designed to achieve a few things. For example, an overall faster, more efficient and less costly mechanism for resolving a large number of similar arbitrations demands. The protocols set forth in this Section 8.14 also include the demands of claimants who had not been a part of a Bellwether Arbitration. Due to the selection not being of those claimants for Bellwether Arbitration.
8.14.g Bellwether Arbitrations
The parties may seek relief from a court of competent jurisdiction to enforce this Section 8.14
9. Governing Law and Jurisdiction.
9.1. Governing Law and Jurisdiction.
For users in the United States, these Terms, and any dispute between you and PaWiggles, will be governed by the laws of the State of Colorado and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 8.4 (the Arbitration Agreement). Unless you and PaWiggles agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and PaWiggles must be resolved exclusively by a state or federal court located in the State of Colorado, and you and PaWiggles agree to submit to the personal jurisdiction of the courts located within Denver, Colorado for the purpose of litigating all such claims or disputes.
10. Class Action Waiver
10. Class Action Waiver
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU OR PAWIGGLES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU ANDPAWIGGLES AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF); ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF; AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PAWIGGLES SERVICE USERS.
11.Force Majeure.
11. Force Majeure
PaWiggles shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control. For example, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters. Also, in such an event, the cancellation policies described in Section 9.6 may not apply and PaWiggles may, in its reasonable discretion, issue refunds under terms that vary from the Cancellation Policies.
12.Miscellaneous
12. Miscellaneous
Nothing in these Terms will be construed as making either party the partner, joint ventures, agent, legal representative, employer, worker, or employee of the other. Neither party will have or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit PaWiggles from offering pet care services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms; will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the; legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with PaWiggles ends. For questions or concerns about the PaWiggles Service or Terms, please fill out a Contact Form on the site. Also, if you have booked a pet care service, you may call PaWiggles at the number provided in your booking.
