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Terms & Conditions

Last Modified 2/19/2022

Acceptance of Terms; Modifications.

These Terms of Service (the “Terms”) are a binding legal agreement between you and Boop! Pet Care Experiences, LLC, LLC A company incorporated under the laws of South Carolina (“Boop! Pet Care Experiences, LLC,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources, and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Boop! Pet Care Experiences, LLC”). The Terms govern all use of the Boop! Pet Care Experiences, LLC, whether you access it from our website at https://www.BoopYourPet.com (or any localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you.

Our Boop! Pet Care Experiences, LLC Guarantee Terms, Reservation Protection Policy, and other Policies applicable to your use of the Boop! Pet Care Experiences, LLC is incorporated by reference into these Terms of Service. By agreeing to these terms during the account sign-up process or accessing or using the Boop! Pet Care Experiences, LLC 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 Boop! Pet Care Experiences, LLC. You understand and agree that we may change the Terms from time to time and that any such changes will be effective when we post the modified Terms on the Boop! Pet Care Experiences, LLC, unless otherwise required by applicable law. Your continued access and use of the Boop! Pet Care Experiences, LLC after we post the modified Terms will constitute your consent to be bound by the modified Terms.

Nature of the Boop! Pet Care Experiences, LLC.

The Boop! Pet Care Experiences, LLC consists of a desktop Web application, mobile applications, and other related tools, support, and services that pet owners (“Pet Owners”) and providers of pet-related services (“Service Providers”) can use to find, communicate with and interact with each other. The Boop! Pet Care Experiences, LLC includes our emergency support services, educational materials for Service Providers, and other services. We charge fees for aspects of the Boop! Pet Care Experiences, LLC. Any financial obligations Boop! Pet Care Experiences, LLC may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the Boop! Pet Care Experiences, LLC Guarantee. Transactions are between Pet Owners and Boop! Pet Care Experiences, LLC. All transactions are conducted via the Boop! Pet Care Experiences, LLC is between Pet Owners and Boop! Pet Care. Except for the limited refunds and “Reservation Protection” specified in The Boop!

Bookings

Pet Owners and Service Providers transact with each other on the Boop! Pet Care Experiences, LLC when they both agree to a “booking” that specifies the fees, time period, Refund and Cancellation policy, and other terms for the provision of Pet Care Services via the booking mechanism provided on the Boop! Pet Care Experiences, LLC (a “Booking”). A Booking may be initiated by either a Service Provider or a Pet Owner by selecting the type(s) of Pet Care Services to be provided and then following 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 book via the website, phone, in person, text, or any other way of communication. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Please visit the Help Center for guidance about making informed decisions about engaging Service Providers. Though Boop! Pet Care Experiences, LLC performs a limited review of Service Provider profiles and facilitates Service Provider Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and Boop! Pet Care Experiences, LLC does not warrant that any such screen is accurate, complete, conclusive, or up to date. Similarly, Boop! Pet Care Experiences, LLC does not endorse reviews of Service Providers by other Pet Owners that may be available via the Boop! Pet Care Experiences, LLC, and Boop! Pet Care Experiences, LLC makes no commitments that such reviews are accurate or legitimate.

Abandoned Pets; Re-homing

Pet Owners who arrange for Pet Care Services and fail to come home or abandon their pets after the service period identified in a Booking agree that Boop! Pet Care Experiences, LLC (or the Service Provider) 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. Pet Owner agrees to reimburse Boop! Pet Care Experiences, LLC and/or the Service Provider for all costs and expenses associated with such actions. Further, Boop! Pet Care Experiences, LLC expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Boop! Pet Care Experiences, LLC deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Boop! Pet Care Experiences, LLC will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Boop! Pet Care Experiences, LLC is not able to contact the Pet Owner or the emergency contact, Boop! Pet Care Experiences, LLC will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Boop! Pet Care Experiences, LLC 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 Boop! Pet Care Experiences, LLC in connection with such transfer.

Emergencies

We recommend that Pet Owners give Boop! Pet Care Services, LLC and their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Boop! Pet Care Experiences, LLC at the applicable telephone number or email address listed in the table at the end of these Terms. If you are a Pet Owner, you hereby authorize your Service Provider and Boop! Pet Care Experiences, LLC to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such a case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Boop! Pet Care Experiences, LLC. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Boop! Pet Care Experiences, LLC for any injury, damage, or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available under the Boop! Pet Care Experiences, LLC Guarantee. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Boop! Pet Care Experiences, LLC to charge your credit card or other payment methods for such costs. In certain circumstances, a Pet Owner may be eligible for reimbursement under the Boop! Pet Care Experiences, LLC Guarantee. Boop! Pet Care Experiences, LLC recommends that all users have adequate pet insurance to cover the costs of veterinary care.

Consultation Services.

Boop! Pet Care Experiences, LLC may offer Pet Owners and Service Providers phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party and are not a part of the Boop! Pet Care Experiences, LLC. If you use these third-party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third-party consultation service in the event of any claims arising from their services.

 

Google Maps

Use of the Boop! Pet Care Experiences, LLC requires the use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at ttps://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using the Boop! Pet Care Experiences, LLC, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from the Boop! Pet Care Experiences, LLC.

Certification of Compliance with Applicable Law

By accessing and using the Boop! Pet Care Experiences, LLC, 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 Boop! Pet Care Experiences, LLC. For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged, and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any pet insurance policies concerning the pets whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you). For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Pet Care Services; and that when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws. You acknowledge that Boop! Pet Care Experiences, LLC is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

Your Conduct on the Boop! Pet Care Experiences, LLC.

When you use the Boop! Pet Care Experiences, LLC, you agree: To use the Boop! Pet Care Experiences, LLC only in a lawful manner and only for its intended purposes. Not to use the Boop! Pet Care Experiences, LLC to arrange for the care of (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses, or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people. Not to submit viruses or other malicious code to or through the Boop! Pet Care Experiences, LLC. Not to use the Boop! Pet Care Experiences, LLC or engage with other users of the Boop! Pet Care Experiences, LLC, for purposes that violate the law. Not to use the Boop! Pet Care Experiences, LLC to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Boop! Pet Care Experiences, LLC. Not to use the Boop! Pet Care Experiences, LLC for purposes of competing with Boop! Pet Care Experiences, LLC or to promote other products or services. Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms. Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contains nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others. Not to post “spam” or other unauthorized commercial communications. To use the Boop! Pet Care Experiences, LLC only for your own purposes, and not to impersonate any other person. Not to transfer or authorize the use of your account for the Boop! Pet Care Experiences, LLC by any other person, or to engage in fraudulent transactions. Not to provide false information in your profile on, or registration for, the Boop! Pet Care Experiences, LLC, or to create multiple or duplicate accounts. Not to interfere with our provision of, or any other user’s use of, the Boop! Pet Care Experiences, LLC. Not to solicit another user’s username and password for the Boop! Pet Care Experiences, LLC or any other sensitive personal information, including bank details.

Suspension and Termination. You understand and agree that we have no obligation to provide the Boop! Pet Care Experiences, LLC in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Boop! Pet Care Experiences, LLC: (1) if in our discretion your conduct on the Site or Boop! Pet Care Experiences, LLC is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary, in our discretion to protect Boop! Pet Care Experiences, LLC, its users, pets, or the public. You may suspend or terminate your use of the Boop! Pet Care Experiences, LLC at any time and for any reason. If you wish to deactivate your account, please contact Boop! Pet Care Experiences, LLC. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account. registration;

 

Account Security. In order to use some aspects of the Boop! Pet Care Experiences, LLC, you may be required to create a username, password, and user profile. If you elect to use the Boop! Pet Care Experiences, LLC, 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 Boop! Pet Care Experiences, LLC suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Boop! Pet Care Experiences, LLC and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

Privacy

Our collection and use of your personal information on the Boop! Pet Care Experiences, LLC is described in our Privacy Statement. By accessing or using the Boop! Pet Care Experiences, LLC, you acknowledge that you have read and understood the Privacy Statement.

7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information, and materials to your profile on the Boop! Pet Care Experiences, LLC or otherwise in connection with using the Boop! Pet Care Experiences, LLC and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.

License

Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Boop! Pet Care Experiences, LLC is 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 Your Content in connection with providing and/or promoting the Boop! Pet Care Experiences, LLC, and to sublicense these rights to third parties.

Release If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Boop! Pet Care Experiences, LLC 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 Your Content in accordance with the license in Section and the other provisions of these Terms.

Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content and that you have all rights, consents, and permissions necessary to grant the License in Section and make the Release Section with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

Right to Remove or Screen Your Content 

We are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Boop! Pet Care Experiences, LLC. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

Reviews

The Boop! Pet Care Experiences, LLC may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Boop! Pet Care Experiences, LLC has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Boop! Pet Care Experiences, LLC, whether before or after the termination of your account for the Boop! Pet Care Experiences, LLC. We will have no liability to you for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Boop! Pet Care

Phone, Text, and Mobile Communications Consent to Autodialed Text Messages This section applies only to users in the United States. You consent to Boop! Pet Care Experiences, LLC communicating with you about the Boop! Pet Care Experiences, LLC by SMS, text message, email, and other electronic means, including auto-dialed text messages containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data, and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Boop! Pet Care Experiences, LLC, and you may opt-out of receiving these messages at any time as described in our Privacy Statement (though you may continue to receive messages while Boop! Pet Care Experiences, LLC processes your request).

Phone Number Changes

In the event you deactivate a mobile phone number provided to us, you agree to update your Boop! Pet Care Experiences, LLC account information promptly to ensure that messages are not sent to the person who acquires your old number.

 

Fees & Payment

Currency All fees, deductible amounts, and other payments referenced on, or charged through, the Boop! Pet Care Experiences, LLC are listed and payable in local currency.

Fees for Pet Owners Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking as described in Booking Section If you are a Pet Owner, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking. The total amount Pet Owners are charged for a Booking may also include a service fee payable to Boop! Pet Care Experiences, LLC. Where required by law, the amount charged will also be inclusive of applicable taxes. The Service Provider, not Boop! Pet Care Experiences, LLC, is responsible for performing the Pet Care Services.

Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time at the daily rate(s) established in the Booking. In addition, you agree to indemnify Boop! Pet Care Experiences, LLC from and agree that we may charge your credit card or other payment methods for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.

Cancellations & Refunds

Reservation Protection. As more fully described on Boop! Pet Care Service’s Reservation Protection page, Boop! Pet Care Experiences, LLC can help you find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation and the type of Pet Care Services provided; consult the Reservation Protection page for details.

Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy on Boop! Pet Care Experiences, LLC website. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Pet Owners are aware of the cancellation policy prior to booking.

 

Force Majeure 

The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disasters. In such cases Boop! Pet Care Experiences, LLC may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s selected cancellation policy.

Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner.

General Terms for Cancellations

If you wish to cancel a Booking, you should use the mechanisms available through the Boop! Pet Care Experiences, LLC to do so. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date that a user cancels through the Boop! Pet Care Experiences, LLC, regardless of any separate communications between users outside of the Boop! Pet Care Experiences, LLC.

Payment Disputes

Payment Outside of the Boop! Pet Care Experiences, LLC. Boop! Pet Care Experiences, LLC initiates payments to Service Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and Boop! Pet Care Experiences, LLC has no obligation to mediate or facilitate any resolution. Further, Boop! Pet Care Experiences, LLC has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Boop! Pet Care Experiences, LLC.

 

Payment Holds

If you are a Service Provider, Boop! Pet Care Experiences, LLC reserves the right to issue a hold on amounts otherwise payable to you if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving the protection of Boop! Pet Care Experiences, LLC, the Boop! Pet Care Experiences, LLC community or third-party rights. We may also recommend that third-party payment service providers restrict your access to funds in your account under the same circumstances.

Authorization to Charge

When you pay for Pet Care Services or for other services on the Boop! Pet Care Experiences, LLC, you may be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. Boop! Pet Care Service’s role is to facilitate payments from Pet Owners to Service Providers as a limited payment agent for the Service Provider. You authorize us to charge your credit card or other payment methods for fees you incur on the Boop! Pet Care Experiences, LLC as they become due and payable, and to charge any alternative payment method Boop! Pet Care Experiences, LLC has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Boop! Pet Care Experiences, LLC nor the Service Provider will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees are paid via the Boop! Pet Care Experiences, LLC is non-refundable once paid.

Taxes Except for taxes on Boop! Pet Care Service’s income and gross receipts or where Boop! Pet Care Experiences, LLC is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Pet Care Services via the Boop! Pet Care Experiences, LLC. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Boop! Pet Care Experiences, LLC.

Payment Processing

Payment processing services are provided by You authorize Boop! Pet Care Experiences, LLC to obtain all necessary access to and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate payment related to Pet Care Services you purchase or provide. You further agree to provide accurate and complete information about you and your business and authorize Boop! Pet Care Experiences, LLC to share it and transaction information with any third-party payment application, company of Boop! Pet Care Experiences, LLC’s choosing for the purposes of facilitating the payment processing services provided by Stripe. Boop! Pet Care Experiences, LLC reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion.

Third-Party Services, Links The Boop! Pet Care Experiences, LLC may contain links to third-party websites or resources. You acknowledge and agree that we are 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.

Intellectual Property

Boop! Pet Care Experiences, LLC Trademarks. Boop! Pet Care Experiences, LLC owns all rights in and to its trademarks, service marks, brand names, and logos (the “Boop! Pet Care Experiences, LLC Marks”). If you are a Service Provider, Boop! Pet Care Experiences, LLC grants you, for so long as you are in good standing on the Boop! Pet Care Experiences, LLC, a limited, revocable, non-exclusive, non-transferable license to use the Boop! Pet Care Experiences, LLC Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage, etc.), made available for purchase via the Boop! Pet Care Experiences, LLC Store and/or (2) in any other manner specifically authorized in writing via the Boop! Pet Care Experiences, LLC. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Boop! Pet Care Experiences, LLC Marks inures solely to the benefit of Boop! Pet Care Experiences, LLC, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because of Boop! Pet Care Experiences, LLC suspends or terminates your rights to use the Boop! Pet Care Experiences, LLC.

Warranty Disclaimer for the Boop! Pet Care Experiences, LLC

The information and materials found on the Boop! Pet Care Experiences, LLC, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Boop! Pet Care Experiences, LLC, but not directly by Boop! Pet Care Experiences, LLC are those of their respective authors, who are solely responsible for such content. to the maximum extent permitted by applicable law, Boop! Pet Care Experiences, LLC does not: (1) warrant the accuracy, adequacy or completeness of information and materials on the Boop! Pet Care Experiences, LLC: (2) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Boop! Pet Care Experiences, LLC: (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 Boop! Pet Care Experiences, LLC will be corrected. to the extent permitted by applicable law, Boop! Pet Care Experiences, LLC expressly disclaims all warranties, whether express, implied, or statutory, with respect to the Boop! Pet Care Experiences, LLC, and specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. in addition, and without limiting the foregoing, we make no representation or warranty of any kind, whether express or implied, regarding the suitability of any service provider that offers pet care services via the Boop! Pet Care Experiences, LLC.

Exclusion of Certain Types of Damages

To the maximum extent permitted under applicable law, in no event will Boop! Pet Care Experiences, LLC be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Boop! Pet Care Experiences, LLC, including without limitation damages related to any information received from the Boop! Pet Care Experiences, LLC, removal of your profile information or review (or other content) from the Boop! Pet Care Experiences, LLC, any suspension or termination of your access to the Boop! Pet Care Experiences, LLC, or any failure, error, omission, interruption, defect, delay in operation, or transmission of the Boop! Pet Care Experiences, LLC, even if we are 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.

Limit on Our Liability to You

Except where prohibited by applicable law, in no event will Boop! Pet Care Experiences, LLC’s aggregate liability to you or any third party in any matter arising from or relating to the Boop! Pet Care Experiences, LLC or these terms exceed the amounts paid by you to Boop! Pet Care Experiences, LLC (specifically excluding amounts paid to service providers) during the twelve (12) months preceding the event that gave rise to liability or, if you have not paid Boop! Pet Care Experiences, LLC for the use of any services, the amount of $100.00 USD (or equivalent in local currency). (Any financial obligations Boop! Pet Care Experiences, LLC may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the Boop! Pet Care Experiences, LLC Guarantee.)

No Liability for non-Boop! Pet Care Experiences, LLC Actions. to the maximum extent permitted by applicable law, in no event will Boop! Pet Care Experiences, LLC 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 in connection with the Boop! Pet Care Experiences, LLC, 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 Boop! Pet Care Experiences, LLC, or for any interactions with other users of the Boop! Pet Care Experiences, LLC, whether online or offline. this includes any claims, losses, or damages arising from the conduct of users who attempt to defraud or harm you.

if you have a dispute with a service provider or pet owner, you agree to release Boop! Pet Care Experiences, LLC from all claims, demands, and damages of every nature, known and unknown, arising out of or in any way connected with such disputes, except as specifically set forth in the Boop! Pet Care Experiences, LLC guarantee. in no event will Boop! Pet Care Experiences, LLC be liable for direct or indirect consequences of a pet owner or service provider failing to comply with applicable laws and regulations.

Arbitration Agreement; Claims

This Section is referred to as the "Arbitration Agreement” in these Terms. Unless you opt-out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and Boop! Pet Care Experiences, LLC (together, the “Parties”) agree that any and all disputes or claims that arise between you and Boop! Pet Care Experiences, LLC relating to the Boop! Pet Care Experiences, LLC, interactions with others on the Boop! Pet Care Experiences, LLC, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims 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 the alleged unlawful use of the intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.

Agreement to Arbitrate

Unless you opt-out of the Arbitration Agreement in accordance with the procedure described in Section below, you 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, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. 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.

Prohibition of Class and Representative Actions and Non-Individualized Relief you and Boop! Pet Care Experiences, LLC agree that, unless you opt-out of the arbitration agreement in accordance with section 17.9 below, each of us may bring claims (except to the extent that the right to bring a claim in a purported class or representative action cannot be waived as a matter of law) 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 and Boop! Pet Care Experiences, LLC agree otherwise (or to the extent that the right to bring a claim in a purported class or representative action cannot be waived as a matter of law), 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 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 Boop! Pet Care Experiences, LLC users.

Arbitration Procedures

The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available and both Rules are incorporated in 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 must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. 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, specifying the findings of fact and the conclusions of the law on which the decision 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 arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 USD (or equivalent in local currency) or less, you or Boop! Pet Care Experiences, LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Boop! Pet Care Experiences, LLC is subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Boop! Pet Care Experiences, LLC, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington (or of England and Wales if you are located outside of the United States or Canada), including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Boop! Pet Care Experiences, LLC users, but is bound by rulings in prior arbitrations involving the same Boop! Pet Care Experiences, LLC user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable JAMS 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.

Costs of Arbitration

Payment of all filing, administration and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Boop! Pet Care Experiences, LLC, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Boop! Pet Care Experiences, LLC will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Boop! Pet Care Experiences, LLC will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Boop! Pet Care Experiences, LLC for all fees associated with the arbitration paid by Boop! Pet Care Experiences, LLC on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR Rules.

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. Severability. If any term, clause, or provision of this Section 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 17 will remain valid and enforceable.

 

Opt-Out Procedure

 You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 17.9. 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 Boop! Pet Care Experiences, LLC, Attn: Legal, 7303 Porcher Drive, Myrtle Beach, SC 29572. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Boop! Pet Care Experiences, LLC to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, 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 us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims).

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 Boop! Pet Care Experiences, LLC prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, 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 Boop! Pet Care Experiences, LLC prior to the effective date of removal.

Governing Law and Jurisdiction

18.1 For users in the United States and Canada, these Terms, and any dispute between you and Boop! Pet Care Experiences, LLC will be governed by the laws of the State of Washington, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Boop! Pet Care Experiences, LLC must be resolved exclusively by a state or federal court located in the State of South Carolina. You and Boop! Pet Care Experiences, LLC agrees to submit to the personal jurisdiction of the courts located within Myrtle Beach, South Carolina for the purpose of litigating all such claims or disputes.

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 Service Providers 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.

Background Check or Identity Verification

If you undergo a background check or identity verification via the Boop! Pet Care Experiences, LLC, you hereby consent to the collection, use, and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Boop! Pet Care Experiences, LLC may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness, or completeness of such information. You agree that Boop! Pet Care Service’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Boop! Pet Care Experiences, LLC reserves the right to suspend or terminate your access to the Boop! Pet Care Experiences, LLC based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.

Indemnity

To the maximum extent permitted under any applicable law and except as otherwise prohibited by applicable law, you agree to defend, indemnify and hold Boop! Pet Care Experiences, LLC 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 Boop! Pet Care Experiences, LLC; (2) breach of these Terms; (3) disputes with other users of the Boop! Pet Care Experiences, LLC; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. you further agree that you will cooperate with us in the defense of such claims. we reserve 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.

Boop! Pet Care Experiences, LLC. Boop! Pet Care Experiences, LLC and its licensors retain all rights, title, and interest in and to the Boop! Pet Care Experiences, LLC, the technology and software used to provide it, all electronic documentation and content available through the Boop! Pet Care Experiences, LLC (other than Your Content), and all intellectual property and proprietary rights in the Boop! Pet Care Experiences, LLC and such technology, software, documentation, and content. Except for your rights to access and use the Boop! Pet Care Experiences, LLC set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Boop! Pet Care Experiences, LLC any feedback or suggestions for improvement that you provide to us concerning the Boop! Pet Care Experiences, LLC, without any obligation of compensation.