Terms of Service

Last Updated: April 25, 2013

Welcome to the Web site operated by A Place for Rover, Inc. ("Rover.com," "we," "us," or "our"), a Delaware corporation. Rover.com maintains www.rover.com (the "Site"), as a service to our users and visitors (our Site and such services, collectively, our "Services"). By using the Services, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with the following terms of use may subject you to civil and criminal penalties.

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.

1. Services

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:

  1. A Rover ID tag.
  2. A one-year subscription to Help4Pets. This subscription is for Help4Pets’ $20 annual single pet "Pet Protector System" service.
  3. 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.
  4. A "Protection" badge on your profile.
  5. 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.
  6. Eligibility for Rover Pack. Protection Package enrollment is a prerequisite for inclusion into the Rover Pack program.
  7. 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.

2.7 Release. 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

3.1 Restrictions. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

  1. use the Service for any commercial purpose, unless expressly authorized by Rover.com;
  2. 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;
  3. use the site for competitive purposes, such as to ascertain the features or technical infrastructure of the Site;
  4. violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  6. 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;
  7. 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;
  8. use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to services usually arranged via the Site;
  9. "stalk" or harass any other user of our Services;
  10. 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 another user;
  11. extract profile information or contact information from profiles, whether to list such information on third party sites or for any other purpose;
  12. register for more than one user account or register for a user account on behalf of an individual other than yourself;
  13. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  14. use automated scripts to collect information or otherwise interact with the Service or the Site except through intentionally provided APIs;
  15. 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;
  16. 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;
  17. submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; or
  18. 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 Services.

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 once accepted.

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– identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state.

5. Privacy

We may collect registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Policy available at http://www.rover.com/privacy/.

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, you hereby grant us a perpetual, 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:

  1. infringes the copyright, trademark, or other intellectual property rights of any person;
  2. is defamatory;
  3. contains nudity or sexually explicit content, or is otherwise obscene;
  4. may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
  5. depicts or advocates the use of illicit drugs;
  6. makes use of offensive language or images;
  7. characterizes violence as acceptable, glamorous or desirable;
  8. provides a link to any other websites; or
  9. provides a phone number, email or other personal contact information.

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. Payment

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 services.

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.

8.4 Donations. 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.

8.5 Privacy. Our Privacy Policy governs the handling, storage, 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.

8.6 Damages. 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 support@rover.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.

11. Termination

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.

12. Feedback

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 behalf.

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 sole discretion.

Our designated agent for notice of copyright infringement can be reached at:

A Place for Rover, Inc.
Attention: Copyright Notice
808 Howell St., Seattle WA 98101
Seattle, WA 98101
copyright@rover.com

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 regulations.

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 JURISDICTION.

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 MARKETING MATERIALS.

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:

  1. 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.
  2. If you use the Services to send unsolicited email advertisements, you agree to pay Rover.com $1000 for each such email.
  3. 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.

19. Indemnity

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 such termination.

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.

22. Questions & Contact Information

Please contact us at support@rover.com with any questions regarding these Terms.

Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms.