PRESIDENTIAL PET CARE, LLC – TERMS AND CONDITIONS
Last Updated: August 28, 2019
Please take a few minutes to review these Terms and Conditions (the “Terms”) carefully. These govern your relationship with Presidential Pet Care, LLC, and its members, affiliates, representatives, successors, and assigns (collectively “Presidential Pet Care”) such as, but not limited to, your use of https://presidentialpetcare.com/ (the “Website”), including your registration, purchase, use, and cancellation of Presidential Pet Care dog walking, cat care, overnight pet sitting, and other pet care services, your purchase of Presidential Pet Care products, and your communication with Presidential Pet Care now and in the future (collectively referred to herein as the “Services”).
BY ACCESSING OUR SERVICES OR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU SIGNED A FORMAL LEGAL CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE OR SERVICES.
PLEASE REVIEW SECTIONS 12 AND 31 CAREFULLY, AS THEY LIMIT PRESIDENTIAL PET CARE’S LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE DISPUTES WITH PRESIDENTIAL PET CARE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Legal Agreement
Your use of this Website, including any browsing, is governed by the Terms discussed below, including any documents or policies they expressly incorporate by reference governing access to and use of Presidential Pet Care’s Services, including any activities provided through the Website, Mobile Services (described below), or communications with Presidential Pet Care. If you do not agree to the Terms, please do not access or use our Website or participate in our Services.
Terms such as “Presidential Pet Care,” “us,” “we,” “our,” or “it” refer to Presidential Pet Care, LLC, including all Presidential Pet Care managers, caregivers, members, employees, staff, contractors and volunteers. “You,” “your,” “user,” “client,” and similar terms means you, the individual accessing the Website or participating in the Services, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.
THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
3. Revisions to the Terms
We reserve the right to revise and update these Terms at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website or participation in the Services means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms.
If you do not accept and agree to any revised portions of these Terms, you may reject the Terms by immediately discontinuing use of the Website and the Services. In the event you reject the Terms and continue to access or use the Website or Services, such continued access or use is unauthorized.
4. Third-Party Platforms
Specifically, our scheduling and booking platform is currently made available through the third-party software developer Precise Petcare (https://www.precisepetcare.com/). Also, any transactions for our Services made through our Website or your Account (discussed below) are processed by the third-party payment processors Authorize.Net (https://www.authorize.net/) and Heartland Payment Systems (https://www.heartlandpaymentsystems.com). We strongly encourage you to review these third-parties’ terms and conditions and privacy policies available through their websites.
5. Presidential Pet Care New Client Intake, Meet and Greets, and Account
(A) New Client Intake and Orientation
In order to participate in our Services as a new client or user, you may be required to have an intake call with a member of Presidential Pet Care’s team. Following the intake call, we will email you our Services guide or similar manuals to get a sense of our Services and related policies and give you an opportunity to confirm participating in our Services. Collectively, we call this our “New Client Intake.”
Following the New Client Intake, but before your first scheduled Services, we will require setting up a “New Client Orientation” between you, your pet, and a member of Presidential Pet Care. We do this to ensure that we are a good fit for you and your pet and to ensure the safety of our Presidential Pet Care members. The “New Client Orientation” may be subject to an additional fee that will be posted on our Website or otherwise provided to you in advance.
(B) Your Account
Following our New Client Intake, and in order to participate in our Services, including purchasing, reserving or cancelling of the Services, you will need to create a Presidential Pet Care account (the “Account”). When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the Account, username, or password of another Presidential Pet Care client or user at any time or to disclose your password to any third party. Each user may only create one Account. In addition to any other rights or remedies we may have, we expressly reserve the right to immediately cancel your Services without refund if you create an Account using a false identity or information, on behalf of someone other than yourself, or use another person’s Account without permission.
In creating your Account, you will also need to provide credit card information that we will keep on file. We will not necessarily automatically charge this credit card for our Services, but it is required in order to schedule any of our Services as discussed below.
You shall notify Presidential Pet Care immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Although Presidential Pet Care will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Presidential Pet Care or others due to such unauthorized use.
While using our Services, we will require you to actively update your information annually. We may conduct periodic audits of your Account solely for internal purposes to ensure the information is updated.
These Terms shall remain in full force and effect while you use the Website, participate in our Services, maintain an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason by contacting Presidential Pet Care at email@example.com. Presidential Pet Care may terminate your Account at any time, without warning and in Presidential Pet Care’s sole discretion, if you breach these Terms, or otherwise at our sole discretion.
If Presidential Pet Care terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused Services, unless otherwise required by law.
(C) Meet and Greets
Occasionally throughout your time using our Services, we will require setting up a Meet and Greet between you, your pet, and a member of Presidential Pet Care. We do this if we would like to get re-acquainted or get an update on your pet (such as health, aggression behavior, etc.), and to ensure the safety of our Presidential Pet Care members. These Meet and Greets may be subject to an additional fee that will be posted on our Website or otherwise provided to you in advance.
6. Payment Terms
By participating in our Services, you agree to pay Presidential Pet Care all payments due for the Services. These payments are subject to the conditions discussed below and are subject to change in our sole discretion.
Unless expressly discussed in these Terms, all purchases via your Account or otherwise paid to Presidential Pet Care for the Services are final, and therefore nonrefundable. You cannot transfer any of your purchases to another client or user.
(B) Prices Listed
All prices or other payments referenced on the Website or charged through your Account, are listed and payable in local currency (the “Prices”). While we make our best effort to provide you with up-to-date Prices information, they are subject to change at any time. You may be subject to a surcharge for any Services we perform on certain holidays, including New Year’s Eve and Day, Valentine’s Day, Memorial Day Weekend (Friday-Monday), Independence Day, Labor Day Weekend (Friday-Monday), Thanksgiving Weekend (Wednesday-Sunday), and Christmas Eve and Day.
The Prices shown on the Website, or any other Services available for purchase on the Website, do not reflect any federal, state or local taxes (collectively “Taxes”). Taxes or any additional charges will be included in your invoices provided through your Account. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any purchases arising from such errors.
(C) Payment Options
In order to reserve any Services, you will need to provide credit card information that will be stored in your Account; however, we provide two payment options: (i) by credit card stored in your Account or (ii) by check made payable to “Presidential Pet Care, LLC.” Unless you email us in advance of providing your first scheduled Services, we will assume your preferred method of payment is credit card and charge you accordingly.
Through your Account, you can edit your credit card information at any time. We accept Visa, MasterCard, Discover and American Express debit or credit cards. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. A 2.5% credit card fee is included on each invoice for the Services.
When you make a reservation for the Services through your Account, you will be provided an estimated cost for that scheduled Service. We will send you a weekly invoice reflecting the final Price in addition to any applicable taxes and credit card fees. On an invoice’s due date, Presidential Pet Care will automatically charge your credit card for all amounts listed on that invoice. All invoices are subject to any additional policies referenced on the Website or in our Services manuals or guides, so we strongly encourage you to review them before participating in our Services.
If you reserved a recurring dog walking service, you will receive one monthly invoice for all applicable Services we provide you. These monthly invoices will include a specific due date.
Presidential Pet Care reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any reservations or purchases. These restrictions may include, but are not limited to, orders placed by or under the same Account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email, billing address, or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to update your Account and other information, including your email address and credit card information, promptly so that we can complete your transactions and contact you as needed.
7. Late Fees and Other Charges
Presidential Pet Care reserves the right to charge a $5.00 late fee on any outstanding invoices per month. If any credit card, check, or other payment to Presidential Pet Care is returned, declined, or dishonored, we or any third party on our behalf, as applicable, may in each instance, to the extent permitted by law, assess a charge of $5.00 for each declined credit card payment or returned check. In providing your credit card information through your Account, you authorize Presidential Pet Care to charge for all late fees and declined or returned payment charges even if you chose to pay for the Services by check.
We also reserve the right to charge you a $25.00 data management fee if we run into any issues with being unable to get in touch with you or you substantial delay in rendering any decisions or providing any necessary information that otherwise causes us to be unable to furnish the Services.
If any of the late fees or others charges described above require us to move forward with a debt collection process, Presidential Pet Care reserves the right, in our sole discretion, to charge you any amounts equal to the costs and expenses we incur in connection with that debt collection in addition to any other fees as may be permitted by applicable law (all charges for amounts past due or for payments returned, rejected or dishonored shall be referred to as “Charges”). Any Charges shall be considered due and payable to Presidential Pet Care immediately.
8. Reservation and Cancellation Policies
Presidential Pet Care makes no representations or warranties regarding availability of any Services. We reserve the right to cancel your reservations. You agree that you will make all reservations in good faith only for your pet(s), and that you will not resell, advertise, assign, or otherwise market your reservation to third parties.
We follow the United States federal government closings in determining any severe or inclement weather conditions, including natural disasters, terrorist attacks, or acts of war (collectively “Inclement Weather”). If Inclement Weather occurs, we may automatically cancel our Services without notice and without a refund or we may coordinate with an emergency contact you provide us through your Account to perform the Services. Even after retaining Presidential Pet Care’s Services, we strongly encourage you to make other arrangements with a trusted friend or neighbor in advance of any Inclement Weather. You may be charged a surcharge if we perform the Services on days with Inclement Weather.
We shall not be liable to you under any circumstances for any damages or delay in performance of Services if such damage or delay is caused by any act or occurrence beyond our reasonable control, including but not limited to travel delays or disruptions, unexpected unavailability of our personnel or contractors, heavy rain, hail, snow storm, lightning, earthquake, flood, or other elements or other forces of nature, or other events beyond our control.
All reservation and cancellation policies listed on the Website and your Account are subject to change at any time in our sole discretion. We encourage you to review the Website and your Account periodically. Please contact us at firstname.lastname@example.org if you have any questions concerning our different policies.
9. Home Access and Keys
Some aspects of the Services, such as our dog walking Services, require providing Presidential Pet Care with access to your home or other location where those Services are being rendered, including providing any keys, security codes, or other access arrangements and updates. You must guarantee that you have full right to grant Presidential Pet Care with this access. It is your responsibility to provide a safe environment at your home or the location in order for us to perform the Services. You must notify us in advance if your home or the location could expose Presidential Pet Care to unsafe or unsanitary conditions, hazardous materials, or toxic substances, if applicable. It is in our
discretion to cancel any of the Services, without a refund, should we find your home or other location to be an unsafe environment or otherwise unable to access the location in which Services will be provided (the “Location”).
You must notify us if there are any firearms in the Location, before we perform the Services and you must be able to confirm that any firearms are secured. Also, you must notify us if there are any active audio or video surveillance devices inside or outside your home or other location.
You may agree to allow Presidential Pet Care to store copies of your keys on file in a secure location for future Services, but we do not guarantee and are not responsible for any damage or loss to the keys or related to your providing us with the keys. Ultimately, you provide us with a copy of your keys at your own risk, and release Presidential Pet Care from any liability associated with your keys. If you choose to terminate the Services, we will can return it to you via certified mail, at your expense and request.
You grant Presidential Pet Care the authority to use the services of a locksmith in the event of malfunction of any access to your home or other location while performing the Services, including issues with your locks, keys, or automatic door opener. You will be responsible for any reimbursements for our use of a locksmith within 7 days of receiving our invoice, according to the terms of Section 6 above. We are not liable for any liabilities or other negative consequences to you, your home, or other location on account of the locksmith services.
10. Your Visitors
You must notify Presidential Pet Care in advance if anyone will be entering the Location while we perform the Services, including any friends, family, contractors, landscapers, etc. (collectively, “Visitors”). Without this notice and reasonable instructions, we may not enter any Location occupied with Visitors nor grant access to these Visitors upon their request. You will also notify any Visitors of Presidential Pet Care’s scheduled Services and confirm that we are granted access to your home or other location as discussed in Section 8 above. Even if you notify Presidential Pet Care or your Visitors, we reserve the right to cancel Services or contact law enforcement if we feel unsafe or witness any illegal acts by these Visitors. Presidential Pet Care is not liable nor responsible to any damage by the Visitors to your pet(s), property, home, or other location.
11. Pet Health
In retaining our Services, you warrant and represent that your pet(s) are free of pests and contagious, infectious, or otherwise communicable diseases, including but not limited to distemper, hepatitis, Bordetella (as known as “Kennel Cough”), parvovirus, corona virus, worms, Lyme disease, fleas, or ticks and that the pet is fully vaccinated and up to date on all forms of preventative medicine prior to receiving the Services. You must notify us immediately of any pests, infections, or diseases, and failure to do so shall be a breach of these Terms and we may, in our discretion, cancel any of the Services without a refund in addition to any other rights or remedies we may have.
Before we perform any Services, you must disclose any history of your pet(s)’ biting or other aggressive behavior to Presidential Pet Care. Aggressive behavior can include, but is not limited to, threatening or harmful behavior directed toward another individual or animal, including threat displays, lunging, growling, snarling, and snapping. If your pet(s) have a history of biting or other aggressive behavior, Presidential Pet Care reserves the right to cancel any Services without a refund. Please note, disclosing your pet(s)’ history of biting or aggressive behavior does not automatically disqualify you from retaining our Services, but we do reserve the right to require a professional behavioral assessment on a case-by-case basis. Regardless of your knowledge of any biting or aggressive behavior, you will be solely liable for any damages or injury, including medical expenses, to Presidential Pet Care a third party that are caused by your pet(s).
You are required to provide us with adequate collars, leashes, harnesses or other restraints, including muzzles for pet(s) with a history of biting or aggressive behavior. We do not use any shock or prong collars when performing the Services so you must have another option available in order for us to perform the Services.
12. Pet Emergencies
Through your Account, you will provide Presidential Pet Care with contact information where you may be reached in the event of an emergency, meaning medical care becomes immediately necessary for your pet(s) while in the care of Presidential Pet Care, in addition to the pet’s veterinarian information. In the event of an emergency, we will always try to contact you before we seek any medical attention for your pet(s). If we are unable to reach you through your provided contact information, you authorize Presidential Pet Care to obtain veterinary care from your pet’s veterinarian, or an appropriate alternate to as determined in our sole discretion, and you authorize the veterinary service provider to release your pet(s)’ veterinary records to Presidential Pet Care. After contacting a veterinarian, we will then contact the emergency contact you provided.
In the event of an emergency, you are solely responsible for any applicable veterinary care fees, without any reimbursement, and you authorize Presidential Pet Care to charge the payment method saved to your Account for such costs. You further release Presidential Pet Care for any injury, damage, or liability arising from such emergency veterinary care or your failure to seek such veterinary care.
(A) Assumption of Risk
By agreeing to receive and/or by using Presidential Pet Care’s Services, you, on behalf of yourself, and your spouse, heirs, next of kin, assigns, executors, administrators, Visitors (discussed above), and any others who may have a claim on your behalf (collectively “Your Representatives”) acknowledge and agree that the Services may pose inherent risks, including risks to your pets, and these risks are always present and cannot be entirely eliminated. Therefore you and Your Representatives understand and acknowledge the risks associated with agreeing to receive and/or by using our Services. Knowing the material risks and appreciating, knowing, and reasonably anticipating that other injuries or damage to person or property, including your pets, are a possibility, you and Your Representatives hereby forever expressly assume all of the described risks of injury, all other possible risk of injury or damage to person or property, including any pets, and even risk of possible death.
WHAT THIS MEANS IS THAT YOUR AGREEMENT TO RECEIVE AND/OR USE PRESIDENTIAL PET CARE’S SERVICES IS AT YOUR AND YOUR REPRESENTATIVES SOLE AND EXCLUSIVE RISK.
(B) Release and Waiver of Liability
BY AGREEING TO RECEIVE AND/OR BY USING PRESIDENTIAL PET CARE’S SERVICES OR WEBSITE, YOU AND YOUR REPRESENTATIVES HEREBY AGREE TO FOREVER WAIVE AND RELEASE PRESIDENTIAL PET CARE FROM ANY AND ALL LIABILITY PRESENT, PAST, AND IN THE FUTURE RELATING TO, CONNECTED WITH, OR ARISING OUT OF THIS WEBSITE AND/OR ANY SERVICES PROVIDED BY PRESIDENTIAL PET CARE. YOU PROMISE NOT TO SUE, AND HEREBY FOREVER IRREVOCABLY WAIVE, RELEASE, REMISE, AND DISCHARGE PRESIDENTIAL PET CARE FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS SUSTAINED, RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH, THIS WEBSITE AND/OR ANY SERVICES (THE “RELEASE AND WAIVER”). THIS RELEASE AND WAIVER OF LIABILITY APPLIES TO ALL CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION FORESEEN OR UNFORESEEN, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF STATUTORY OR OTHER DUTY OF CARE, OR DAMAGES TO THE LOCATION, YOUR REPRESENTATIVES, OR ANY PET FOR WHICH SERVICES ARE PROVIDED, INCURRED BY ANY PROPERTY OWNER OF THE LOCATION, OR OTHERWISE INCURRED THROUGH USE OF THE WEBSITE. THIS RELEASE AND WAIVER INCLUDES, WITHOUT LIMITATION: INJURIES THAT MAY OCCUR AS A RESULT OF THE SERVICES; INJURY OR HARM FROM THE WEBSITE AND/OR SERVICES INCLUDING BUT NOT LIMITED TO ANY PET FOR WHICH SERVICES ARE PROVIDED; MENTAL AND EMOTIONAL STRESS; FORCES OF NATURE AND WILDLIFE; SICKNESS; PERSONAL INJURY; PROPERTY DAMAGE; DELAY AND/OR CHANGE OF SCHEDULE; WRONGFUL DEATH; OR THEFT OR LOSS OF PROPERTY.
YOU UNDERSTAND THAT YOU HAVE FORFEITED YOUR RIGHTS TO SUE PRESIDENTIAL PET CARE, AND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. YOU FURTHER AGREE THAT IF YOU OR YOUR REPRESENTATIVES, OR ANYONE ON YOUR BEHALF, ASSERTS A CLAIM CONTRARY TO WHAT YOU HAVE AGREED TO IN THESE TERMS, THE CLAIMING PARTY (MEANING THE PARTY CLAIMING PRESIDENTIAL PET CARE IS LIABLE FOR SOMETHING YOU SPECIFICALLY WAIVED IN AGREEING TO THESE TERMS) SHALL BE LIABLE FOR THE EXPENSES (INCLUDING LEGAL FEES) INCURRED BY PRESIDENTIAL PET CARE IN DEFENDING SUCH CLAIM. YOU AND YOUR REPRESENTATIVES EXPRESSLY UNDERSTAND AND AGREE THAT THIS RELEASE AND WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. IN THE EVENT THAT ANY PORTION OF THIS PROVISION OF THE TERMS IS FOUND INVALID, THIS PROVISION SHALL BE REVISED TO THE EXTENT NECESSARY TO BE IN COMPLIANCE WITH APPLICABLE LAW. RECOURSE AGAINST PRESIDENTIAL PET CARE OR REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES INCLUDE CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES.
You and Your Representatives voluntarily and irrevocably agree to indemnify, defend, and hold harmless, at your expense, Presidential Pet Care from any and all liability present, past and in the future, losses, claims, demands, actions or rights of action, costs or expenses (including, without limitation, reasonable attorney fees and costs), or damages related to, arising out of, or incidental to Website, the Services, or the Terms, any incident occurring at any Location, any act or omission of Presidential Pet Care related to the Website, the Services, the Terms, or any of your or Your Representative’s acts, errors, omissions, or default related to the Website, the Services, or the Terms, including but not limited to veterinary fees, hospital or other fees incurred by any third party, cleaning fees, property repair, property damages or losses, or any other damages in respect of death, injury to person or property, including any pets, or any other loss or damage to any member, employee, or contractor of Presidential Pet Care. You acknowledge and agree that Presidential Pet Care shall not be responsible for damages, direct or consequential, resulting from any injury, annoyance or disturbance of any dog or any other injury under the Website, the Services, or the Terms.
14. User Content
(A) User Content Generally
You hereby irrevocably grant Presidential Pet Care the unrestricted right to use your name, voice, image, persona, appearance, likeness, identity, performance, recorded media or personal story (collectively “Likeness”) if your Likeness is included in any User Content. You further release your rights of publicity, editorial rights, or other rights with respect to your Likeness in connection with Presidential Pet Care’s marketing, business development and engagement of future clients, and acknowledge that your will not receive any compensation for the use of your Likeness. Presidential Pet Care will retain all rights, title, ownership and interest to User Content, and that the use of such User Content is within our sole discretion.
(D) Representations and Warranties for User Content
You represent and warrant that (i) you are the owner or licensor of your User Content, and that you have all rights, consents and permissions necessary to grant the license in Section 12(B) above and make the release in Section 12(E) below with respect to Your Content, (ii) that you have any necessary consents and releases from individuals who appear or whose pets appear in your User Content, and (iii) your User Content does not violate the law or these Terms. You also represent and warrant that none of your User Content contains any information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party unless you have been granted express permission to use such User Content. This means that it is your responsibility, and not Presidential Pet Care, to make sure either you have the right to use any of your User Content or someone else granted you the legal right to use any of your User Content. We may or may not pre-screen any User Content you use when engaging in the Services.
(E) User Content Release and Waiver
You hereby waive, and release Presidential Pet Care and its clients and users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of your User Content in accordance with these Terms. This means that you, and not Presidential Pet Care, is entirely responsible for all User Content that you upload, download, post, email, transmit, or otherwise make available or use through the Services, including confirming that such User Content complies with all applicable laws and regulations and these Terms.
If your User Content includes any material that infringes or violates the rights of any third party, you understand that Presidential Pet Care is not liable for your use of such User Content and you are directly responsible for any and all disputes that arise from the use of such User Content.
(F) User Content Maintenance
You understand that by using the Services, Website or your Account, you may be exposed to User Content that is offensive, indecent, or objectionable. Because we do not verify any User Content, it is not possible for us to guarantee any User Content. However, we have the right (but not the obligation) to remove any User Content from the Website or an Account if we determine such User Content may create a liability or damage to Presidential Pet Care in any way.
You also acknowledge that Presidential Pet Care may establish general practices and limits concerning your User Content, including without limitation the maximum number of days that your User Content will be retained by the Services, the maximum size of any or all User Content files, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services, including your Account, in a given period of time, and any other conditions of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any User Content, messages, and other communications or other User Content.
16. Mobile Applications, Texts, and Communications
Certain features of the Services may be made available through a mobile application or device, such as our scheduling application via the third party Precise Petcare, including the ability to (i) upload content to the Website or your Account, (ii) browse the Website or your Account, (iii) schedule reservations or submit cancellations through your Account, (iv) communicate with Presidential Pet Care in using the Services, and (v) access certain items through an application downloaded and installed on your mobile device (collectively, the “Mobile Services”). These Mobile Services are incorporated as a part of Presidential Pet Care’s collective Services, so beyond this Section, any reference to “Services” includes the Mobile Services.
To the extent you access and use Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. Also downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you through the Mobile Services. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
17. Website Modification, Suspension, or Cancellation
Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website or Services, including processing of our products, with or without notice to you. You agree that Presidential Pet Care shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services. In addition, we reserve the right to terminate your access to the Website or Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of the Website, our Services, Presidential Pet Care, and our users and clients as a whole.
18. Website Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You may not, nor may you permit, any third party directly or indirectly to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
- Export the Services of the Website, which may be subject to export restrictions imposed by US law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII);
- Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Transmit, procure, or send any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Impersonate or attempt to impersonate Presidential Pet Care, a Presidential Pet Care employee, another user, or any other person or entity (including, without limitation, by using any email addresses associated with any of the forgoing);
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Presidential Pet Care or users of the Website or expose them to liability;
- Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Copy, monitor, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way the material, information or Services on the Website for any purpose without our prior written consent;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or distributed denial-of-service attack;
- Transfer any rights granted to you under these Terms;
- Otherwise use the Services except as expressly allowed under these Terms and applicable Policies.
If we reasonably suspect that your use of the Website has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with law enforcement and to terminate or suspend your access to all or part of the Website.
19. Intellectual Property Rights
Please note, in these Terms, the phrase “intellectual property” describes the ownership rights or other protections over MBA’s creative and intellectual efforts. We describe what this means in more detail below.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Presidential Pet Care, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Presidential Pet Care. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Presidential Pet Care name and all related names, logos, product and service names, designs, and slogans are trademarks of Presidential Pet Care or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
21. Copyright Infringement.
Presidential Pet Care abides by the Digital Millennium Copyright Act (“DMCA”), by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may terminate or disable access to the Services, Website, or your Account. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a Counter-Notification under the terms of the DMCA.
You may wish to consult a lawyer to determine your rights and obligations under the DMCA and any other applicable laws. Nothing here or anywhere on our Website should be construed as legal advice. The following notice requirements are intended only to comply with Presidential Pet Care’s rights and obligations under the DMCA and, in particular, 17 U.S.C. section 512(c), and do not constitute legal advice.
If you believe in good faith that your copyrighted work has been infringed by any content or materials on the Website, your Account, or otherwise in using the Services, please provide our designated copyright agent with a written notice that includes all of the following information:
- A description of the copyrighted work you believe to have been infringed;
- A description of the URL or other location on our Site of the material you believe to be infringing;
- Your name, mailing address, telephone number and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, which you make 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; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Our designated agent for notice of copyright infringement can be reached via certified mail or email:
The Geller Law Group, PLLC
Attention: Presidential Pet Care Copyright Notice
4000 Legato Road, Suite 1100
Fairfax, Virginia 22033
firstname.lastname@example.org (Subject Line: “Presidential Pet Care Copyright Notice”)
22. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Presidential Pet Care has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit or terminate access to the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
23. Your Responsibilities If You Break the Terms
You agree that if you violate any of the Terms, or any liabilities are incurred arising out of your use of this Website or participation in the Services, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account or personal information unless you can prove that such use was fraudulent.
24. Reliance on Information Posted
The information presented on or through the Website or at Presidential Pet Care studios is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Presidential Pet Care studios, or by anyone who may be informed of any of its contents.
25. Age Restrictions and COPPA Compliance
You must be at least 18 years old to use the Website or participate in the Services. We have no intention of collecting personal information from individuals under the age of 18. In cases where you – a parent or guardian – have authorized a minor under 18 to use our Website, including our Mobile Services, you recognize that you are in breach of these Terms. You further understand and acknowledge that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of our Website; and (iii) the consequences of any misuse by the minor. You acknowledge that we have no obligation to monitor the content accessible on or through our Website but if we do find out the minor is using our Website, even if through the parent or guardian’s Account, we reserve the right to terminate the Services immediately.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you believe we might have any information from or about a child under 13, please contact us at email@example.com, and we will take reasonable steps to ensure that such information is deleted from our records.
26. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
27. Links from the Website
28. Geographic Restrictions
Presidential Pet Care’s Services and Website are controlled and offered from our facilities based in the United States. We provide this Website for use only by persons located in the United States. We make no representations or claims that the Services or Website are accessible or appropriate outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Services or Website from outside the United States, you do so on your own initiative and are responsible for compliance with any local laws.
29. Website Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PRESIDENTIAL PET CARE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
30. Website Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRESIDENTIAL PET CARE NOR ANY PERSON ASSOCIATED WITH PRESIDENTIAL PET CARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PRESIDENTIAL PET CARE NOR ANYONE ASSOCIATED WITH PRESIDENTIAL PET CARE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PRESIDENTIAL PET CARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any dispute or claim relating in any way to your use of the Website or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide Presidential Pet Care with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.
32. Governing Law and Jurisdiction
By using the Website or our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Presidential Pet Care.
33. Limitation on Time to Initiate a Dispute
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Presidential Pet Care of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Presidential Pet Care to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
The Terms, and any rights you may have under them, may not be assigned or transferred by you. Presidential Pet Care may freely assign the Terms.
All headings used in the Terms are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms. Words of any gender used in the Terms shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
37. Entire Agreement