6.9 Pa🐾Wiggles Trademarks
| 6.9 Pa🐾Wiggles Trademarks |
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| 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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. |
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| “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 |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| (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 |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
