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 and/or Policies at any time (on a prospective basis), effective ten (10) calendar days 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 users who are pet owners (each a "Pet Owner") find information about, and communicate with, other users are willing to provide pet care services such as pet sitting, pet day care and dog walking (each a "Pet Care Service Provider").
2. User Responsibilities
2.1 Neutral Venue. Our Site is an online venue through which users find and learn about each other and, if they wish, arrange for obtaining and providing pet care services. Rover.com is 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 Pet Care Service Providers, 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 any transaction between a Pet Owner and a Pet Care Service Provider, or between 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 and Background Verification. We make no attempt to confirm, and do not confirm, any user’s purported identity or background. 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 Pet Care Service Providers. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information that any user submits through the Services. Notwithstanding the foregoing, from time to time we may make available to you through the Site certain identity and background information services offered by third parties (each a “Third Party Service”), and in connection therewith, we may refer to or publish such findings (e.g., a badge or annotation that accompanies a Rover.com’s user’s public profile), however, such reference shall not constitute a representation, warranty, endorsement, opinion or verification by Rover.com. By way of example and not limitation, if a Third Party Service made available through the Site offers background check services and we note that the result of such background check service returned no negative references, you acknowledge that the publishing of such finding (and any related opinions, awards, icons, advice, statements, offers, or other information or content made available through, or based upon, a Third Party Service) are those of the applicable Third Party Service provider. Rover.com does not guarantee the accuracy, completeness, or usefulness of any information on Rover.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Rover.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on Rover.com that originate from Third Party Services. We encourage Pet Owners, Pet Care Service Providers and Third Party Service providers to communicate with each other directly using the tools available on the Site and to review the profile pages of Pet Owners, Pet Care Service Providers and Third Party Service providers 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 the following protection during a stay booked through Rover.com:
2.4.1 Initial Coverage From Rover. Subject to an initial $250 deductible and compliance with all applicable terms, conditions, and policies, Rover.com will reimburse Pet Owners and Pet Care Service Providers for injuries to Pet Owners’ pets and Pet Care Service Providers’ own resident pets that occur during a stay booked through Rover.com. Specifically, Rover.com will reimburse you (the Pet Care Service Provider if the Pet Care Service Provider paid for the expenses in question, or the Pet Owner if the Pet Owner paid for the expenses in question) for verifiable medical or veterinary costs in excess of the deductible that are actually incurred and paid as a result of an injury to Pet Owner’s pets (while in a Pet Care Service Provider’s care) and Pet Care Service Provider’s own pets (as a direct result of contact with a Pet Owner’s pet during a stay booked through Rover.com) (the “Limited Reimbursement”). The Limited Reimbursement is limited to $25,000 (per pet) for injuries to Pet Owner’s pets in a Pet Care Service Provider’s care, and $5,000 for injuries to a Pet Care Service Provider’s own resident pets (for all such pets in the aggregate).
The Limited Reimbursement does not include:
- (i) costs for medical or veterinary bills as a result of illness, a pre-existing injury or reoccurrence thereof;
- (ii) costs for property or liability damages caused by a pet; or
- (iii) any injury to the Pet Care Service Provider or pets belonging to someone other than Pet Owner or Pet Care Service Provider in the Pet Care Service Provider’s care.
In order to qualify for the Limited Reimbursement the following conditions must be met:
- (i) ’the injury must have occurred during a service booked through Rover.com;
- (ii) you must notify Rover.com via email of the injury during ’the period in which the pet care service is being provided (as booked through Rover.com) or within 48 hours of the injury; and
- (iii) within fourteen (14) days of the date of the injury, you must submit written documentation from a veterinarian in good standing of the costs incurred 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 pet 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 these Terms and are entitled to reimbursement of requested amounts.
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 Pet Care Service Providers of any liability or create any rights or claims of any nature for Pet Care Service Providers or Pet Owners against Rover.com. Pet Care Service Providers and Pet Owners 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 a Pet Care Service.
2.4.2 Rover.com advises all Pet Care Service Providers to investigate the laws in their jurisdiction concerning requirements for insurance, to obtain insurance covering the services that they provide, and to become familiar with the coverage provided by, and exclusions from, such insurance. Rover.com does not verify whether Pet Care Service Providers have obtained insurance, and Pet Owners are advised to inquire directly with Pet Care Service Providers about this subject. The Limited Reimbursement is secondary to any existing insurance coverage a Pet Owner and Pet Care Service Provider may have. To the extent a Pet Owner’s or Pet Care Service Provider’s existing pet insurance or other insurance covers the applicable injury, costs or damages, coverage under the Limited Reimbursement will only apply if you first seek reimbursement under your existing policy or policies 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.
2.4.3 You acknowledge and agree that all rights and benefits granted to you under this Section 2.4 shall immediately terminate in the event you initiate any action, suit or claim against Rover.com, its officers, directors, employees, contractors, agents affiliates or third party providers.
2.4.4 If, during a service booked through Rover.com, a Pet Care Service Provider cedes care, custody or control of a pet to another person or party who is not a registered Rover.com Pet Care Service Provider, coverage under the Limited Reimbursement shall not apply for injuries to pets or damages accrued during the period in which care, custody or control was ceded.
2.5 Limited One-Time Refund of Rover.com Fees for Pet Owners. In the absence of circumstances constituting a violation of Policies by a Pet Care Service Provider, Rover.com will provide you a one-time refund of the fees charged by Rover.com (excluding any fees payable to Pet Care Service Providers 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 Pet Care Service Provider or otherwise affect your relationship with the Pet Care Service Provider. The Limited Refund is also subject to any other requirements we may promulgate. If Rover.com determines, in its sole discretion, that a Pet Care Service Provider violated the Policies in connection with a service booked through the Site, Rover.com may provide Pet Owners a full refund of all fees charged by Rover.com, including the fees payable to Pet Care Service Providers. Pet Care Service Providers specifically acknowledge this provision and agree to refund any amounts paid to them for the applicable service upon a decision by Rover.com to provide a refund to the Pet Owner.
2.6 Protection Package. Pet Care Service Providers may purchase Rover.com’s “Protection Package” for an annual subscription fee of $49.95. Pet Care Service Providers 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 Rover Pack. Protection Package enrollment is a prerequisite for inclusion into the Rover Pack program.
- Priority for Last Minute Stays. Pet Care Service Providers who purchase the Protection Package will receive priority placement for last minute Pet Care Service Provider requests by Pet Owners who contact our concierge team; provided that the Pet Care Service Provider meets other requirements for last minute stays (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 under Section 2.4.1 and the Limited Refund set forth in Section 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, your pet, or any third party, 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 Pet Owner, Pet Care Service Provider or provider of Third Party Services in connection with the Site.
2.8 Left Dogs. Pet Owners who arrange for pet-care via Rover.com and fail to retrieve their dog within seven (7) days (or the time period set forth in the applicable jurisdiction's animal abandonment or cruelty laws, if earlier) after the end date of their reservation, agree that Rover may in its discretion place such dog in foster care and/or notify animal control authorities. You agree that you will reimburse Rover for all costs and expenses associated with such action, and you may become liable and subject to laws relating to your failure to retrieve your dog, including abandonment or animal cruelty laws.
2.9 Managed Sitters. If you are a Pet Care Service Provider and have entered into an agreement pursuant to which your schedule and/or other aspects of your pet care service activities through Rover.com are managed by a third party (a “Management Agreement”), you represent and warrant to Rover.com that you have complied with, and will at all times during the term of the Management Agreement comply with, all terms and conditions set forth in the Management Agreement. You further acknowledge and agree that the fact that you have entered into a Management Agreement does not relieve your of your obligations set forth in these Terms or in any other agreement between Rover.com and you.
2.10 Rover.com Premier Service Customers. If you choose to use the Rover.com Premier Service, which allows you to book pet care services by telephone through Rover.com, these Terms and the Policies will still apply to you. Additionally, if you use the Premier Service but have not created an online account with Rover.com, you authorize us to create a non-public Rover.com account for you, and to use this account, on your behalf, to communicate with Pet Care Service Providers for the purpose of scheduling services with a suitable Pet Care Service Provider. The Rover.com account we create for you is not viewable by or accessible to the public, and is used by us for the purpose of fulfilling your request to obtain pet care services. You can create a publicly viewable and accessible Rover.com account that you control by visiting the Rover.com website.
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:
- 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 Pet Care Service Providers;
- 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, Pet Care Service Provider or provider of Third Party Services with another user;
- 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 yourself;
- 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 Pet Care Service Provider, Third Party Service provider or Pet Owner and then complete a 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 honor; or
- 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 Pet Care Service Provider or a Third Party Service provider.
3.3 Listing Prices. If you (as a Pet Care Service Provider or Third Party Service provider) publish a price for pet care services that is accepted by you and a Pet Owner, you acknowledge and agree that the price you specify 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.
3.4.1 By Sitters or Hosts. Pet Care Service Providers 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 time span 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.com 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.com may accept or reject such appeal in its sole discretion. Pet Care Service Providers will be exempt from suspension in the event of a cancellation described above if the Pet Owner reschedules the stay with another Pet Care Service Provider referred by the original Pet Care Service Provider. Pet Owners that have had stays cancelled may leave a rating for the canceling Pet Care Service Provider.
3.4.2 By Pet Owners. If a Pet Owner cancels a reservation request, Rover.com will return the funds to the Pet Owner 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 Pet Care Service Provider or Third Party Service provider.
3.4.3 Reservation Guarantee. If you are a Pet Owner and a Pet Care Service Provider cancels your reservation, Rover.com will use reasonable efforts to find a replacement Pet Care Service Provider, as applicable. If Rover.com cannot find a replacement Pet Care Service Provider, we will refund any funds you deposited for the cancelled reservation.
4. Age Restrictions on Use of the Site or Services
6. Your Content
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;
- is defamatory;
- contains nudity or sexually explicit content, or is otherwise obscene;
- 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 desirable;
- provides a link to any other websites; or
- 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 Content and Services.
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 offered by Pet Care Service Providers, 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.
Without limiting the foregoing, you acknowledge that any services obtained via the SleepoverRover Site are governed by a separate set of terms and are considered Third-Party Services. These Terms only apply to services that are obtained through interactions on the Site (i.e., where you utilize the Site to schedule and effectuate your stay) or through your use of the Rover.com Premier Service.
8.1 Fee Structure. In exchange for providing the Services, Rover.com keeps a small portion of the Pet Care Service Provider’s or Third Party Service provider’s price of each stay as a service charge. As a user of pet care services, you agree to pay the amount posted by the Pet Care Service Provider or Third Party Service provider with whom you have chosen to perform a transaction. As a Pet Care Service Provider or 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 care 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. Upon completion of the stay in full compliance with the Policies, we or our third party payment processors will give the money to the Pet Care Service Provider or Third Party Service provider (if applicable), less Rover.com’s service charge. When you (whether a Pet Owner or Pet Care Service Provider) purchase any service or product through the Site, 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 Pet Care Service Provider or a Third Party Service provider (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 Policy and Plan Suspensions. We may suspend or terminate our refund and/or Protection Plan policies without notice if we suspect abuse or interference with the proper working of such policies or plans.
8.4 Donations. Some Pet Care Service Providers and Third Party Service providers 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 with respect to, whether the Pet Care Service Provider or Third Party Service provider does in fact make the donation they pledged to make.
8.6 Damages. As a Pet Owner, you are responsible for any and all actions by your pet during a pet care service booked through the Site. However, a Pet Care Service Provider may not invoke this provision, or anything else in this Agreement, to entitle the Pet Care Service Provider to reimbursement for damages to their property caused by pets in their care.
8.7 Tax Reporting. While Rover.com is not a party to the transaction between a Pet Owner and Pet Care Service Provider, Rover.com may be required by IRS regulations to issue 1099 forms or other reports. Pet Owners and Pet Care Service Providers agree to provide Rover.com with all necessary tax information in order for Rover.com to make such reports and compile the necessary forms.
8.8 Promotion Codes, Custom URLs and Vouchers. Terms and conditions governing the creation, distribution and use of Rover.com promotion codes and custom URLs, and those governing use of vouchers (e.g., Groupon) can be found here.
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 firstname.lastname@example.org. 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. Only one active profile (account) is allowed per person and per household. 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 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 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
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 PET CARE SERVICE PROVIDER, 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 PET CARE SERVICE PROVIDERS, USE COMMON SENSE, AND BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROVER.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS 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 PARTY PROVIDERS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16.2 ROVER.COM AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING THOSE PROVIDED BY ROVER.COM’S THIRD PARTY PROVIDERS, 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 THE 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 ROVER.COM OR ITS THIRD PARTY PROVIDERS OR THROUGH OR FROM THE 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 ROVER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS 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 THE SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE 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 PET CARE SERVICE PROVIDER, PET OWNER, USER, PROVIDER OF THIRD PARTY SERVICES, OR OTHER THIRD PARTIES ON THE 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 THE 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 ROVER.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS 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 2.4.1 (IN WHICH CASE ROVER.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE FOUR THOUSAND SEVEN HUNDRED AND FORTY NINE DOLLARS ($4,749)) AND THE “LIMITED REFUND” SET FORTH IN SECTION 2.5 (IN WHICH CASE ROVER.COM MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE FEES CHARGED BY ROVER.COM (EXCLUDING ANY FEES PAYABLE TO PET CARE SERVICE PROVIDERS WHICH ROVER.COM COLLECTS) FOR THE PARTICULAR STAY), IN NO EVENT WILL ROVER.COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE 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 robots.txt 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 (1) your use of our Services or (2) any content you submit to us; (3) facts or circumstances that, if true, could constitute your breach of any of these Terms and/or any applicable laws, and (4) the acts of your pet. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. By way of example and not limitation, with respect to Pet Care Service Providers, you shall indemnify and hold us harmless to the extent we reimburse a 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 ’Pet Care Service Providers negligence and/or violation of these Terms.
20. LEGAL DISPUTES
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Sites, Services, applications, and tools, or any products or services sold or purchased through the Sites, Services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”). Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
20.1 Applicable Law. You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Rover.com, except as otherwise stated in the User Agreement.
20.2 Agreement to Arbitrate. You agree that any and all disputes or claims that have arisen or may arise between you and Rover.com relating in any way to or arising out of this or previous versions of the Terms, your use of or access to Services, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
20.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ROVER.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROVER.COM AGREE OTHERWISE, 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 ROVER.COM USERS.20.4 Arbitration Procedures.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms, including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate.
The arbitration shall be held in King County, Washington or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Rover.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Rover.com, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Rover.com, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Rover.com users, but is bound by rulings in prior arbitrations involving the same Rover.com user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
20.5 Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
20.6 Severability. With the exception of any of the provisions in Section 20.3 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 20.3 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
20.7 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Rover.com must be resolved exclusively by a state or federal court located in King County, Washington. You and Rover.com agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes.
20.8 Conflicts with Other Written Agreement; Exceptions. To the extent you have signed a written, wet signature commercial agreement with Rover.com, the dispute resolution procedures in such agreement shall supersede the Dispute Resolution procedures herein, if applicable. Moreover, nothing in this Agreement prohibits Rover.com from seeking injunctive relief in federal or state court to the extent necessary to protect or enforce its intellectual property rights.
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 to the extent the prior agreements or communications conflict. Each of Rover’s third party providers shall be third party beneficiaries of these Terms.
22. Questions & Contact Information
Please contact us at email@example.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.