In addition, when using certain features of the Services, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.
We reserve the right to modify the Services and these Terms or Policies at any time (on a prospective basis), effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using the Services, you agree that the posting of new or revised Terms or Policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Site shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
Rover.com is designed to help dog owners ("Pet Owners") find services offered by others related to dog care. Services include allowing users who have a home to host dogs ("Hosts") or are willing to travel to another user’s home to watch pets ("Sitters") to share information with Pet Owners to arrange dog sitting.
2. User Responsibilities
2.1 Neutral Venue.
Our Site is an online venue through which users find and learn about each other. Our Site is merely a venue for users to learn about one another and, if they wish, arrange stays with one another for their dogs or pets. We are not involved in the actual face-to-face contact between users. We have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site or provide through the Services. We may provide suggested or optional default terms for transactions between Pet Owners and Hosts or Sitters, or otherwise between users. To the extent we do, and you or another user utilizes or agrees to such terms, this does not make us a party to the transaction between Pet Owners, Hosts, Sitters, or other users of the Site. Any suggested or default terms we provide are for users’ convenience only and do not constitute legal or other advice. Nor do they constitute any sort of guarantee or warranty regarding the Services, or the accuracy of any information implied by, or compliance with the terms or the proposed transaction. You should review all terms carefully and seek your own advice or counsel with respect to the meaning or consequences of any terms.
2.2 Identity Verification.
We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for (a) providing true, accurate, current and complete information about yourself as prompted by the Service’s registration form; and (b) maintaining and promptly updating any and all such information so it remains true, accurate, and complete at all times. It is the user’s sole responsibility to determine the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons who use or register for our Services, including Hosts, and Sitters. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits through the Services. We encourage you to communicate directly with Hosts, Sitters, Pet Owners or other providers of Third-Party Services through the tools available on the Site and to review your Host's, Sitter's, Pet Owner's or other service provider’s profile pages for feedback from other users.
2.3 Your Experience with Other Users.
You are solely responsible for your interactions with other users of our Services. Though Pet Owners may receive limited reimbursements and refunds pursuant to Section 2.4 and Section 2.5 below, we will not be responsible for any damage, expenses, liabilities or harm resulting from your use of the Services, including interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
2.4 Limited Reimbursement for Pet Injuries.
In order to support our community of users, we offer a free “Peace of Mind” protection plan for injuries to dogs that occur during their stay booked through Rover.com, as set forth in the Rover Bill of Rights. Specifically, the Peace of Mind protection plan reimburses you (the Host, or the Sitter if the Sitter paid for the expenses in question) for verifiable medical or veterinary costs that are actually incurred and paid as a result of an injury to your dog while in a Host’s or Sitter’s care (for expenses in excess of $200 and capped at $2,000 for all reimbursement requests in the aggregate) (the “Limited Reimbursement”). If your Sitter or Host is qualified for our “Peace of Mind Plus” protection plan (described in Section 2.6 below) and has a user rating of 4.5 or better at the time you retain your Sitter or Host, the $2,000 cap on coverage shall be increased to $5,000. The Limited Reimbursement does not include: (1) costs for medical or veterinary bills as a result of illness, a pre-existing injury or reoccurrence thereof; (2) costs for property or liability damages caused by your dog; or (3) any injury to the Host or Sitter or other dogs in the Host’s or Sitter’s care. In order to qualify for the Limited Reimbursement you must comply strictly with any requirements set forth in the Bill of Rights, as well as the following: (i) booking your dog’s stay through the Site; (ii) notifying Rover.com via email of the injury during your dog’s stay (as booked through Rover.com) or within 48 hours of the injury; and (iii) submitting written documentation from a veterinarian in good standing of the costs and demonstrating that they were incurred due to a new injury and not illness or pre-existing injury. We may also request additional veterinarian records for your dog in order to validate any reimbursement. This Limited Reimbursement is void in any jurisdiction where prohibited. Rover.com shall, in the exercise of its good faith discretion, determine whether you have satisfied the requirements set forth in the Terms and any conditions in the Bill of Rights and are entitled to reimbursement of requested amounts. To the extent a Pet Owner’s existing pet or other insurance covers the applicable injury to a dog, this Limited Reimbursement will only apply if you seek reimbursement under such policy and your reimbursement is denied or does not cover all of your out of pocket costs. We may request documentation regarding insurance claims made by your insurance provider. This Limited Reimbursement is offered automatically without additional consideration to qualifying transactions, and does not convey any additional rights or claims to Pet Owners. This Limited Reimbursement does not absolve Hosts or Sitters of any liability or create any rights or claims of any nature for Sitters against Rover.com. Hosts and Sitters agree they are not a third-party beneficiary of the Limited Reimbursement and they have no right to assert any contribution, offset, or indemnification from Rover.com with respect to any liability of the Sitter for injury to a dog, other property or persons.
2.5 Limited Refund for Pet Owners.
Rover.com will provide you a one-time refund of the fees charged by Rover.com (excluding any fees payable to Sitters or Hosts which Rover.com collects) for any stay that is booked through Rover.com, provided that you email Rover.com within 48 hours of the end of your pet’s stay with the reason(s) you are dissatisfied. This does not entitle you to a refund of any fees collected by Rover.com and paid to the Sitter or Host or otherwise affect your relationship with the Sitter or Host. The Limited Refund is also subject to any other requirements we may promulgate, including in our Bill of Rights.
2.6 Protection Package
Sitters may purchase Rover.com’s “Protection Package” for an annual subscription fee of $49.95. Sitters who purchase the Protection Package will receive the following benefits:
A Rover ID tag.
A one-year subscription to Help4Pets. This subscription is for Help4Pets’ $20 annual single pet "Pet Protector System" service.
Up to 5 questions to Vet Live’s Ask A Vet service; provided that the aggregate retail pricing advertised by Ask A Vet for all your questions combined do not exceed $150. You must submit your questions within one (1) year of the date you purchase the Protection Package.
A "Protection" badge on your profile.
Eligibility for Peace of Mind Plus. If the Sitter or Host who has purchased the Protection Package has a user rating of 4.5 stars or higher at the time a Pet Owner retains the Sitter or Host, a Pet Owner who otherwise qualifies for Peace of Mind coverage (described in Section 2.4 above) may receive up to $5,000 in reimbursement coverage (in lieu of $2,000) under his/her Peace of Mind coverage.
Eligibility for Rover Pack. Protection Package enrollment is a prerequisite for inclusion into the Rover Pack program.
Priority for Last Minute Stays. Sitters or Hosts who purchase the Protection Package will receive priority placement for last minute Sitter or Host requests by Pet Owners who contact our concierge team; provided that the Sitter or Host meets other requirements for last minute Sitters/Hosts (e.g., responsiveness, flexible schedule).
You will be solely responsible for complying with Help4Pets’ and Vet Live’s respective terms and conditions. You are not entitled to any exchanges or refunds from Rover.com, and we shall not be liable to you or to any third party for any change to, issue or problem with their respective services, including, price change, suspension or discontinuance of their services.
The subscription to the Protection Package will renew on the first anniversary of your enrollment. We will send you a reminder fifteen (15) days prior to renewal via your account or email, and you will have an opportunity to decline it for following years.
With the sole exception of the Limited Reimbursement for Pet Owners and the Limited Refund set forth in Sections 2.4 and 2.5 above, by using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users or third party (including a provider of Third-Party Services) who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Rover.com. You release Rover.com and its affiliates, employees, officers, directors and shareholders from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site or your experience as a Host, Sitter, Pet Owner or other provider of Third-Party Services in connection with the Site.
3. User Conduct
In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
use the Service for any commercial purpose, unless expressly authorized by Rover.com;
use the Site or Services to recruit, or solicit users for
employment, or contact users to conduct business on
behalf of a third party sitting service or network of sitters;
use the site for competitive purposes, such as to
ascertain the features or technical infrastructure of the Site;
violate any local, state, provincial, national, or other
law or regulation, or any order of a court;
infringe the rights of any person or entity, including
without limitation, their intellectual property, privacy,
publicity or contractual rights;
interfere with or damage our Services, including,
without limitation, through the use of viruses, cancel bots,
Trojan horses, harmful code, flood pings, denial-of-service
attacks, packet or IP spoofing, forged routing or electronic
mail address information or similar methods or technology;
use our Services to transmit, distribute, post or submit
any information concerning any other person or entity,
including without limitation, photographs of others without
their permission, personal contact information or credit,
debit, calling card or account numbers;
use our Services in connection with the distribution of
unsolicited commercial email ("spam") or advertisements
unrelated to services usually arranged via the Site;
"stalk" or harass any other user of our Services;
collect or store any information about any other user
other than for purposes of transacting as an Pet Owner,
Host, Sitter or other provider of Third-Party Services with
extract profile information or contact information from
profiles, whether to list such information on third party sites
or for any other purpose;
register for more than one user account or register for
a user account on behalf of an individual other than
impersonate any person or entity, or falsify or
otherwise misrepresent yourself or your affiliation with any
person or entity;
use automated scripts to collect information or
otherwise interact with the Service or the Site except
through intentionally provided APIs;
violate the restrictions in any robot exclusion headers
on the Services or bypass or circumvent other measures
employed to prevent or limit access to the Services;
use the Site to find a Host, Sitter, other provider of
Third-Party Services or Pet Owner and then complete the
transaction offline in order to circumvent your obligation to
pay for the Service;
submit any listing with a false or misleading price, or
submit any listing with a price that you do not intend to
advocate, encourage, or assist any third party in
doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct.
Rover.com reserves the right to cancel a user account or take
other appropriate actions in its sole discretion in response to any
inappropriate conduct, or for no reason at all.
3.2 Disputes with Other Users.
You are solely responsible for
your interactions with other Rover.com users. We reserve the
right, but have no obligation, to monitor disputes between you
and other users, regardless of whether Rover.com collected
any money on behalf of a Sitter, Host, or provider of Third-Party
3.3 Listing Prices.
If you post a listing offering to host a pet,
provide sitting services, or other Third Party Services through
the Site which is accepted by you and a Pet Owner, you
acknowledge and agree that the price you specify for that listing
will constitute an essential part of a binding agreement between
you and the Pet Owner. You further agree not to alter the price
3.4 Cancellation by Sitters.
Sitters may incur the following penalties if they cancel a scheduled
stay within seven or fewer days of the scheduled stay:
cancellations within seven or fewer days
(i.e., canceling an appointment which is on the 10th on the 4th)
will result in account review and possible suspension;
cancellations within two days of a stay will result in
immediate account suspension;
two or more cancellations within a three month timespan
will result in account suspension;
cancellations within fourteen or fewer days of major holidays
(federal holidays and bank holidays) will result in
immediate account suspension.
Rover may effect or waive such suspensions in its sole discretion.
Any suspension under this Section 3.4 may be appealed in
writing to customer support. Rover may accept or reject such appeal
in its sole discretion. Sitters will be exempt from suspension in the
event of a cancellation described above if the Pet Owner reschedules
the stay with another sitter referred by the Sitter.
Owners that have had stays cancelled may leave a testimonial
for the canceling Sitter.
4. Age Restrictions on Use of the Site or Services
By registering to use our Services, you certify that you are 13
years of age or older. Children under the age of 13 may not
register or otherwise use the Site or Services, and parents or
legal guardians may not agree to these Terms on their behalf.
If you are between the ages of 13 and 17, a parent or legal
guardian must agree to the Terms on your behalf. If you are
a resident of a state that imposes additional or different age
requirements for disclosure of personally–identifiable information,
by registering for our Services, you hereby represent that
your creation of an account, the provision of your personally-
identifiable information to us, and our use of such personally–
violate the applicable laws or regulations of such state.
We may collect registration and other information about
you through the Service. Our collection and use of this
6. Your Content
6.1 You Grant Us a License.
By submitting any content
(including without limitation, any photograph, words, pictures, or
symbols) to our Site or making such content available via the Site, you hereby grant us a perpetual, irrevocable, worldwide,
non-exclusive, royalty-free license to use, reproduce, display,
perform, adapt, modify, sell, distribute, have distributed and
promote such content in any form, in all media now known or
hereinafter created and for any purpose. You represent and
warrant that you have sufficient rights to grant us this license. The foregoing includes any personality or publicity rights encompassed in such content, and you acknowledge we may use any such content to promote Rover.com or our Services.
6.2 Content Restrictions.
You are solely responsible for any
content that you submit, post or transmit via our Services. You
may not post or submit any content that:
infringes the copyright, trademark, or other intellectual
property rights of any person;
contains nudity or sexually explicit content, or is
may disparage any ethnic, racial, sexual, religious, or
other group by stereotypical depiction or otherwise;
depicts or advocates the use of illicit drugs;
makes use of offensive language or images;
characterizes violence as acceptable, glamorous or
provides a link to any other websites; or
provides a phone number, email or other personal
6.3 No Obligation to Post Content.
We have no obligation to post
any content from you or anyone else. In addition, we may, in our
sole and unfettered discretion, edit, remove or delete any content
that you post or submit.
7. Third-Party Consent.
In using our Services, you may be exposed to content and
information from other users or third parties ("Third-Party
Content"), either at our Site or through links to third-party
websites. In addition to the services of Hosts and Sitters, you
may also have the option of purchasing products or services
from third parties, which we may facilitate either through Site or
through links to third-party websites (“Third-Party Services”). We
do not control, and shall have no responsibility for, Third-Party
Content or Third-Party Services, including material that may be
unlawful, misleading, incomplete, erroneous, offensive, indecent
or otherwise objectionable, or products or services that do not
conform to your expectations. You must evaluate the veracity
of, and bear all risks associated with your exposure to, Third-
Party Content, and use of Third-Party Services, including without
limitation, profiles of other users of our Services. Your business
dealings or correspondence with, or participation in promotions
of, advertisers other than us, and any terms, conditions,
warranties, or representations associated with such dealings, are
solely between you and such third party.
Additionally, if you follow a link or otherwise navigate away from
the Site, please be aware that these Terms will no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any provider of Third-
Party Content or Third-Party Services.
8.1 Fee Structure.
In exchange for providing the Services,
Rover.com keeps a small portion of the Host's, Sitter's or
other Third-Party Service provider's price of each stay as a
service charge. As a user of pet hosting or sitting services,
you agree to pay the amount posted by the Host, Sitter or
other provider of Third-Party Services with whom you have
chosen to perform a transaction. As a Host, Sitter or other
Third-Party Service provider, posting a listing is free, but
you agree to pay Rover.com its then-current service charge
for any service you provide through use of the Services
or booked through the Site, including pet hosting or sitting
Some optional services or functionality may incur additional fees.
8.2 Payment Logistics.
As a Pet Owner, if you find a listing that you are interested in, you will be asked to register an account on the Site and provide your payment information and billing address. We or our third party payment processors will give the money to the Host, Sitter or other provider of Third-Party Services (if applicable), less Rover.com's service charge. When you (whether a Pet Owner, Host or Sitter) purchase any service or product, you authorize Rover.com or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, including all applicable taxes, and you agree that Rover.com can store your credit card information. If Rover.com, a Host, a Sitter or another provider of Third-Party Services (if applicable) does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Rover.com may suspend your access to the Services. All sales are final and Rover.com will not issue refunds, except for as provided in its cancellation policy (see below) and in accordance with the Limited Refund set forth in Section 2.5 above. Rover.com is not responsible for any actions or the performance of the third party payment processors.
8.3 Cancellation and Refunds.
If you cancel your reservation
request, Rover.com will return the funds to you in accordance
with its cancellation policy (if any). Rover.com, however, is
under no obligation to intervene in any dispute between users
regarding any cancellations and/or refunds outside the scope of
Rover.com’s cancellation policy (if any), regardless of whether
Rover.com collected any money on behalf of a Sitter, Host or
other provider of Third-Party Services.
Some Hosts, Sitters or other providers of Third-
Party Services may pledge to donate a portion of the funds they
receive to a particular cause or charity. We do not control, and
will not take any responsibility or liability for, whether the Host,
Sitter or provider of Third-Party Services does in fact make the
donation they pledged to make.
and use of any information you submit to us, including credit
card billing information. Please see Section 5 of these Terms for
further information on this policy.
As a Pet Owner, you are responsible for any and
all actions by your pet while utilizing Services found through the
Site and you fully agree to pay for any damages caused by your
pet during stays booked through Rover.com.
9. Proprietary Rights
9.1 Our Intellectual Property.
Material on our Site (with the
exception of Third-Party Content) is protected by rights
of publicity, copyright, trademark, trade secret, and other
proprietary rights and intellectual property laws as applicable.
We, our affiliates, and our suppliers and licensors own all right,
title, and interest, including all intellectual property rights, in
and to the Services. Except for those rights expressly granted
in these Terms, no other rights are granted, either express or
implied, to you, and you may not sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from such
material. "Rover.com" and "www.rover.com" are trademarks of
Rover.com and protected by federal and state law; you agree not
to use such marks for any purpose, including but not limited to as
metatags on other websites, in written materials or otherwise.
9.2 Your Use of Our Intellectual Property.
You may not
systematically retrieve data or other content from our Site to
create or compile, directly or indirectly, in single or multiple
downloads, a collection, compilation, database, directory or
the like, whether by manual methods, through the use of bots,
crawlers, or spiders, or otherwise. You may not display any
portion of our Site in a frame (or any content from our Site
through in-line links) without our prior written consent, which may be
requested by contacting us at email@example.com. You may, however, establish ordinary links to our Site without
our written permission, and you may make use of embedded
HTML "widgets" if we have provided the HTML code. We reserve
the right, in our sole discretion, to terminate your ability to link to
our Site or use our embedded HTML "widgets."
10. Registration; User Name and Password
You must register by completing a user profile to use certain
features of the Service. When registering, you must provide
accurate and complete information about yourself, including a
verified email address, and promptly update this information if it
changes. By creating a profile, you represent and warrant that
you are lawfully able to enter into contracts on behalf of yourself
or the entity you represent (if applicable). You are responsible
for all activities associated with your account. You will select a
username and password as part of the registration process. You
must: (a) log off from your account at the end of each session on
our Site; and (b) notify us immediately of any unauthorized use
of your username and password or any other breach of security.
We may, in our discretion and without liability to you, with or
without cause, with or without prior notice and at any time: (a)
terminate your access to our Services, (b) deactivate or delete
any of your accounts and all related information and files in
such accounts and (c) bar your access to any of such files or
Services. Upon termination we will pay you any hosting or sitters
fees due to you, less any amounts you owe Rover.com.
Any materials, including but not limited to feedback, comments,
suggestions, or identifying potential errors and improvements,
provided by you in the form of email or other submissions to
Rover.com (collectively “Feedback”) (excluding material that
you post on or transmit through the Services in accordance
with these Terms), are non-confidential and you hereby grant
to Rover.com and its subsidiaries and affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and sublicensable right to
use your Feedback for any purpose without compensation or
attribution to you.
13. Copyright Infringement
We respect the intellectual property rights of others, and ask you
to do the same. It is our policy to terminate the access privileges
of those who repeatedly infringe the copyright rights of others. If
you believe that your work has been posted on the Service in a
way that constitutes copyright infringement, please contact us at
the address below and provide the following information: (1) an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; (2) a description
of the copyrighted work that you claim has been infringed,
and identification of the time(s) and date(s) the material that
you claim is infringing was displayed on the Service; (3) your
address, telephone number, and email address; (4) a statement
by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s
If you believe that your user content that was removed (or to
which access was disabled) is not infringing, or that you have
the authorization from the copyright owner, the copyright owner's
agent, or pursuant to the law, to post and use the content in
your user content, you may send a counter-notice containing the
following information to the copyright agent: (1) your physical
or electronic signature; (2) identification of the content that has
been removed or to which access has been disabled and the
location at which the content appeared before it was removed or
disabled; (3) a statement that you have a good faith belief that
the content was removed or disabled as a result of mistake or
a misidentification of the content; and (4) your name, address,
telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in the Western
District of Washington and a statement that you will accept
service of process from the person who provided notification of
the alleged infringement. If a counter-notice is received by the
copyright agent, we may send a copy of the counter-notice to
the original complaining party informing that person that it may
replace the removed content or cease disabling it in 10 business
days. Unless the copyright owner files an action seeking a court
order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in 10 to 14
business days or more after receipt of the counter-notice, at our
Our designated agent for notice of copyright infringement can be
A Place for Rover, Inc. Attention: Copyright Notice 808 Howell St. Seattle, WA 98101 firstname.lastname@example.org
14. Modification of Services
We may, in our discretion and without liability to you, with or
without prior notice and at any time, modify or discontinue,
temporarily or permanently, any portion of our Services.
15. Legal Compliance
You shall use our Services in a manner consistent with any and
all applicable local, state, national and international laws and
16. DISCLAIMER OF WARRANTIES
16.1 YOUR USE OF THE SITE AND SERVICES, INCLUDING,
WITHOUT LIMITATION, YOUR INTERACTIONS AND
DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE
RISK. YOU ACKNOWLEDGE AND AGREE THAT ROVER.COM
DOES NOT CHECK ANY HOST, SITTER, PET OWNER, OR
OTHER USER’S BACKGROUND OR RECORD. ROVER.COM
IS A REPUTATION-BASED SYSTEM AND THEREFORE
YOU SHOULD TAKE ADVANTAGE OF OTHER USER’S
COMMENTS AND THIRD-PARTY REFERRALS REGARDING
HOSTS AND SITTERS, USE COMMON SENSE, AND BE
AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE USE OF BADGES
AND OTHER PROFILE ATTRIBUTES—INCLUDING THOSE
THAT REFERENCE THIRD PARTY ORGANIZATIONS—
ARE MEANT TO FACILITATE THE EXCHANGE OF
INFORMATION AND DO NOT REPRESENT A WARRANTY OR
ENDORSEMENT OF ANY KIND, FROM EITHER ROVER.COM
OR ANY THIRD PARTIES. SOME JURISDICTIONS MAY
PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY
HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
16.2 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL
MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH
OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH OUR SERVICES WILL MEET YOUR
EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR
SOFTWARE WILL BE CORRECTED.
16.3 IF YOU ACCESS OR TRANSMIT ANY CONTENT
THROUGH THE USE OF OUR SERVICES, YOU DO SO AT
YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU
ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE
ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
16.4 NO DATA, INFORMATION OR ADVICE OBTAINED BY
YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH
OR FROM OUR SERVICES WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS. THIS
INCLUDES ANY STATEMENT ON OUR WEBSITE OR IN ANY
17. LIMITS ON LIABILITY
17.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT,
INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING FROM OR RELATING TO: (A) THE
USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR
DAMAGE TO YOUR PROPERTY AS A RESULT OF USING
OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR CONTENT; (D)
ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A
THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER
USER OF THE SERVICES; (E) STATEMENTS, CONDUCT
OR OMISSIONS OF ANY HOST, SITTER, PET OWNER,
USER, PROVIDER OF THIRD PARTY SERVICES, OR OTHER
THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR
ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION
WITH THE USE OF THE SERVICES, INCLUDING WITHOUT
LIMITATION FROM INTERACTIONS WITH OTHER USERS
OF OUR SERVICES OR PERSONS INTRODUCED TO YOU
BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.
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.
17.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR
DELAY IN PERFORMING UNDER THESE TERMS DUE
TO CAUSES BEYOND OUR REASONABLE CONTROL,
INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND
POWER, INTERNET, AND EMAIL DISCONTINUITY.
17.3 EXCEPT PURSUANT TO THE “LIMITED REIMBURSEMENT” SET FORTH IN SECTION 2.4 (IN WHICH CASE OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE TWO THOUSAND DOLLARS ($2,000, OR $5,000 IF THE REQUIREMENTS SET FORTH IN SECTION 2.6 ARE MET)) AND THE “LIMITED REFUND” SET FORTH IN SECTION 2.5 (IN WHICH CASE OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE FEES CHARGED BY ROVER.COM (EXCLUDING ANY FEES PAYABLE TO SITTERS OR HOSTS WHICH ROVER.COM COLLECTS) FOR THE PARTICULAR STAY), IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, LIQUIDATED DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Violation of Terms and Liquidated Damages
You understand and agree that as a community based on
reputation and trust between users, in many cases damages
would be difficult to quantify for certain misuses of the Site and
Services. If it becomes necessary for Rover.com to pursue
arbitration to enforce these Terms, you will be liable to pay
Rover.com the following amounts as liquidated damages, which
you accept as reasonable estimates of Rover.com's damages for
the specified breaches of these Terms:
If you post any content that in violation of these Terms,
including any listing that violates Section 3 or any content
you post after Rover.com has limited or terminated your
use of the Services, you agree to pay Rover.com $1000
for each such violation. This provision does not apply to
any content that constitutes lawful non-deceptive parody of
public figures. In its sole discretion, Rover.com may elect to
issue a warning before assessing damages.
If you use the Services to send unsolicited email
advertisements, you agree to pay Rover.com $1000 for
each such email.
If you (1) extract profile information, contact information
(including names, email addresses or telephone numbers)
or other listings from the Site, or any of the Site’s content,
or (2) reproduce or otherwise misappropriate the Site’s
content, by reproducing user profiles or listings on a
competitive or a mirrored site, you agree to pay Rover.com
$10,000 per instance per day for any such occurrence. This
provision does not apply to: (1) use of the Site by users for
their own personal (non-commercial) purposes, (2) crawling
of the site by search engines who do so in accordance
with or other similar restrictions, (3) access
to the content of the Site or profile information through a
Rover.com authorized API or HTML widget.
Otherwise, you agree to pay Rover.com's actual damages, to the
extent such actual damages can be reasonably calculated.
You shall indemnify and hold us (and each of our affiliates, officers, directors, shareholders and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.With respect to Sitters or Hosts, you shall indemnify and hold us harmless to the extent of any costs incurred in reimbursing Pet Owners pursuant to the Limited Reimbursement and Limited Refund in Section 2.4 and Section 2.5 above, which is incurred as a result (either solely or jointly) of the Sitter’s or Host’s negligence.
20. Arbitration and Choice of Law
These Terms are governed by the laws of the State of
Washington, excluding conflict of laws principles. Any
controversy or claim arising out of or relating to the Site, Service
or these Terms must be commenced within one year after
the claim arose and will be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim will be
arbitrated on an individual basis, and will not be consolidated in
any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in King County, Washington
and judgment on the arbitration award may be entered into any
court of competent jurisdiction. The award of the arbitrator will
be final and binding upon the parties without appeal or review
except as permitted by Washington law. Either party may seek
any interim or preliminary injunctive relief from any court of
competent jurisdiction, as necessary to protect the party's rights
or property pending the completion of arbitration.
YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR
RIGHT TO A JURY TRIAL AND WAIVING YOUR RIGHT TO
ASSERT ANY CLAIMS AGAINST US RELATING TO THE SITE,
SERVICES, OR THESE TERMS IN COURT.
21. General Legal Notices
Our failure to act in a particular circumstance does not waive
our ability to act with respect to that circumstance or similar
circumstances. Any provision of these Terms that is found to
be invalid, unlawful, or unenforceable will be severed from
these Terms, and the remaining provisions of these Terms will
continue to be in full force and effect. The section headings and
titles in these Terms are for convenience only and have no legal
or contractual effect. Any provision in these Terms that by its
nature should survive the termination of your license to access
the Service or any termination of these Terms (including, without
limitation, provisions governing indemnification, limitations on
liability, disclaimers of warranty, and ownership of intellectual
property) will continue to remain in full force and effect after any
These Terms, including all Policies, constitute the entire
agreement between you and Rover.com concerning the
Services. These Terms supersede all prior agreements or
communications between you and Rover.com regarding the
subject matter of these Terms.