Terms of Service & Waiver
Last updated January 2022
These Terms of Service (“Terms”) govern your use of the Groomeer, LLC website (“Site”), any Groomeer, LLC mobile application (“App”), and any services offered through the Site or App (collectively, the “Services”). Groomeer, LLC. (“Groomeer, LLC, Alpha Grooming Pet Salon, Outlet Grooming, Mutt Cuts Grooming, Thrifty Mobile Pet Grooming, 60Bucks Grooming, Art Pet Mobile Grooming, Private Mobile Grooming”, “Company”, “we” or “us”) provides the Services. “You” refers any user of the Services, including any Pet Owners and Pet Care Providers as defined below.
The Services include a marketplace technology platform that enables third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Care Providers”) to connect with each other. Groomeer, LLC has no control over the conduct of Pet Care Providers or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT GROOMEER, LLC IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
You should read all of the terms before using the Services. However, there are certain key terms you should be aware of:
- YOU ARE ASKED TO RELEASE GROOMEER, LLC FROM ANY LIABILITY OR CLAIMS RELATING TO THE ACTS, OMISSIONS AND SERVICES OF PET CARE PROVIDERS AS SET FORTH IN SECTION 5. THIS MEANS YOU ARE GIVING UP LEGAL RIGHTS AGAINST GROOMEER, LLC. YOU SOLE RECOURSE WILL BE AGAINST THE PET CARE PROVIDERS.
- SECTION 22 REQUIRES YOU AND GROOMEER, LLC TO SUBMIT ANY CLAIMS AND DISPUTES TO MUTUAL BINDING ARBITRATION. UNLESS YOU OPT-OUT AS SPECIFIED IN THAT SECTION, YOU WAIVE YOUR RIGHT TO A JURY AND CLASS ACTION, AND AGREE TO RESOLVE DISPUTES WITH GROOMEER, LLC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY
- Health/Medical Problems or Senior Dogs:
- Accidents:
- Use of Muzzle:
- Dangerous/Aggressive Animals or Behavior Issues:
- Acceptance of these Terms
- Changes to these Terms
- Additional Terms
- Eligibility and Account Registration
- Groomeer, LLC as a Marketplace Technology Platform/Medical Care/Release of Liability
- Payment Terms for Pet Owners
- General Payment Terms
- Pet Care Provider Fees: Pet Owners and Pet Care Providers transact with each other on the Groomeer, LLC marketplace technology platform when they both agree to a “booking” that specifies the fees (“Pet Care Fees”), time period, cancellation policy, and other terms for provision of pet care services via the booking mechanism provided on Services. Once you request a pet care service, you agree to pay the Pet Care Provider the agreed-to price and honor the other terms of such booking. You may elect to cancel your request for services from a Pet Care Provider at any time prior to such Pet Care Provider’s arrival, in which case you may be subject to a cancellation fee.
- Our Fees: In addition to the above fees, you understand and acknowledge that Groomeer, LLC may charge fees (“Groomeer, LLC Fees”) for facilitating the booking with the Per Care Provider as set forth on our fee schedule at [insert hyperlink]. Such Groomeer, LLC Fees may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees.
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- Promotions: From time to time, Groomeer, LLC may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions, or referrals links or codes to Pet Owners (the “Promotions”). Such Promotions will be provided to Pet Owners via the Services, by email, or otherwise made available electronically by Groomeer, LLC. Such Promotions are only valid for redemption through the Services, non-transferable and are not redeemable in cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements. Groomeer, LLC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the Pet Owner was found to be in violation of the terms of such Promotion, these Terms, or the Additional Terms. Promotions may be modified, disabled, or withdrawn by Groomeer, LLC at any time for any reason or no reason without liability to Groomeer, LLC.
- Automatic Subscription Renewal and Cancellation
- Payment Authorization
- Acceptable Use of the Services
- violate any law or regulation or use the Services for any unintended or illegal purposes;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- provide false information in your profile on, or registration for, the Services;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
- transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity, maintain more than one account (or, if Groomeer, LLC suspends or terminates your account, create further accounts), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;
- use any means to scrape or crawl any Web pages contained in the Services;
- use the Services to identify Pet Care Providers to complete off-line transactions that circumvent your payment obligations for the Services;
- use the Services for purposes of competing with Groomeer, LLC;
- authorize other users to use your user status or transfer your account to any other person or entity;
- attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Services;
- interfere with Groomeer, LLC’s provision of, or any other user’s use of, the Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
- solicit another user’s username and password for the Services;
- post reviews about Pet Care Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms;
- use the Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- User Content
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear or whose pets appear in your User Content);
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and
- you will not upload any User Content that violates Sections 7 or 8 or any other provision of these Terms.
- Consent to Pet Care Provider Photo and Video Activities
- Pet Owner Obligations
- Pet Care Provider Obligations
- Termination or Suspension of Services
- Ownership
- License and Use of the App
- Copyright and Intellectual Property Policy
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- Copyright Agent
- Your physical or electronic signature;
- 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;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Mateo County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Privacy
- Third-Party Content/Services
- App Store Terms
- Both you and Groomeer, LLC acknowledge that the Terms are concluded between you and Groomeer, LLC only, and not with any App Store, and that an App Store is not responsible for the Services;
- You acknowledge and agree that an App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify the App Store of such failure; upon notification, the App Store’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Groomeer, LLC, and not the App Store, is responsible for addressing any claims you or any third party may have in relation to the Application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Groomeer, LLC’s and not the App Store’s responsibility;
- You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Groomeer, LLC, and not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Groomeer, LLC acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use;
- Both you and Groomeer, LLC acknowledge and agree that the App Store and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof; and
- In the event you use the App to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
- Third-Party Beneficiaries
- Disclaimer and Limitations on Our Liability
- General Disclaimer and Limitations
- Disclaimer of Professional Advice; No Veterinarian-Client-Patient Relationship
- Disclaimer of Insurance Entity Status
- Representations and Warranties/Indemnification
- you own all rights in and to your User Content or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
- you will fully comply with all applicable laws and agreements which govern your use of the App and Services; and
- you will not use the App and Services in violation of any law or for any fraudulent or illegal activity.
- Arbitration Agreement & Waiver of Certain Rights
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- You and Groomeer, LLC agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, the Additional Terms, your relationship with Groomeer, LLC, or your receipt of any communications from Groomeer, LLC will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court to the extent your claims qualify, remain in such court, and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods, services, or content made available through the Services, your relationship with Groomeer, LLC, the threatened or actual suspension, deactivation, or termination of your account with Groomeer, LLC, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Groomeer, LLC, any communications you receive from Groomeer, LLC, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to General Counsel, Alpha Pet Grooming Salon, LLC., and info@groomeer.com. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at https://www.adr.org/sites/default/files/CommercialRules_Web.pdf. AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select a reasonably equivalent alternative arbitral forum. If the arbitrator finds that you cannot afford to pay filing, administrative, hearing, and/or other fees necessary for the arbitration and you cannot obtain a waiver for such fees, Groomeer, LLC will pay them for you. In addition, Groomeer, LLC will reimburse all such filing, administrative, hearing and/or other fees for proceedings involving claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Groomeer, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, in person, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator—not a court—shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Additional Terms, the Pet Care Provider Platform Use Agreement, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7 (or similar rule if not arbitrated by the AAA). The arbitration will decide the rights and liabilities, if any, of you and Groomeer, LLC. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Groomeer, LLC.
- Waiver of Jury Trial. YOU AND GROOMEER, LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
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- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Santa Clara County, California for adjudication before a judge, not a jury. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to: info@groomeer.com, within 30 days after first registering for or using the Services or downloading the App, whichever is the earlier date. Your notice must include your name and address, your Groomeer, LLC username (if any), the email address you used to set up your Groomeer, LLC account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. With the sole exception of the Pet Care Provider Platform Use Agreement if you are a Pet Care Provider, opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Groomeer, LLC. If you are a Pet Care Provider, a timely opt out of the Arbitration Agreement in these Terms will also apply to the Mutual Arbitration Provision of the Pet Care Provider Platform Use Agreement, provided that the opt out would be timely under the terms of the Pet Care Provider Platform Use Agreement as well.
- Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Groomeer, LLC.
- Notwithstanding any provision in these Terms to the contrary, we agree that if Groomeer, LLC makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Groomeer, LLC a notice of your rejection to info@groomeer.com. Your rejection of any such changes shall not affect the enforceability of any prior version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with Groomeer, LLC.
- Other Provisions