Welcome to the LocalDawgs website located at www.localdawgs.com. Please read these Terms of Service (the “Terms”) carefully as they govern your use of our Site or Services (and the other websites we own or operate, together with any related software, applications or functionality) and our online services that we provide. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
1. Applicability of Terms
LocalDawgs (hereinafter referred to as “LocalDawgs, “LocalDawgs.com”, “Company”, “we”, “us”, or “our”) provides an online platform that connects pet owners with other local pet owners who would love to pet sit their pet (“you”, “your”, “user”, or collectively “Users” turn over their pet for temporary care, as pre-arranged by pet owner and pet sitter) through the LocalDawgs Site. By accessing and/or using the Site or our Services you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Site or Services. These Terms govern your access to and use of the Site and all Content (as defined below), and constitute a binding legal agreement between you and LocalDawgs. Your access to, and use of the Site or Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Site or Services, including users who are also contributors of content, information, and other materials or services in the Site or Services.
If you have been authorized to, and are helping another person visit our Site or use our Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Company. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and must exit the Site. These Terms apply to all visitors, active member / users, and all who access our Site.
We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time and for any reason. Company shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Site or Services, you agree to accept all such revisions.
The Site is intended solely for persons who are 18 years of age or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site, you represent and warrant that you have the legal ability (capacity) to enter into a binding contract and are 18 or older.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
2. Background Screening
BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT LOCALDAWGS MAY CONDUCT A BACKGROUND CHECK, INCLUDING THROUGH A THIRD-PARTY SCREENING SERVICE, AND YOU AUTHORIZE AND AGREE TO BE THE SUBJECT OF SUCH A BACKGROUND CHECK.
Background checks can be an important factor in helping you feel comfortable about your LocalDawgs experience. However, it's important to understand that background checks are not always accurate and may not reveal a person's complete history, criminal or otherwise. COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY FOR ANY OF INFROAMTION COLLECTED OR USED BY ANY THIRD PARTY SERVICE (E.G., BACKGROUND SCREENING SERVICE). YOU AGREE THAT COMPANY WILL HAVE NO RESPONSIBILITY FOR (1) CONDUCTING A BACKGROUND CHECK ON USERS, (2) THE VALIDITY OF THE BACKGROUND CHECK, IF CONDUCTED, (3) ANY SUBSEQUENT DECISIONS MADE BY USERS IN RELIANCE ON THE BACKGROUND CHECK CONDUCTED BY COMPANY, AND (4) ANY CONSEQUENCES AS A RESULT OF BEING THE SUBJECT OF A BACKGROUND CHECK. YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM USE OF THE BACKGROUND CHECK RESULTS OR OTHER THIRD PARTY MATERIALS AND WEBSITES CONTAINING BACKGROUND CHECK INFORMATION.
It's important to know that the criminal record information searched and reported for each type of check varies by state, and sometimes county, due to variations in state laws and state and county criminal record reporting systems. In addition to legal and reporting system limitations of background checks, each check is performed with the information provided during the registration process of signing up for Services, LOCALDAWGS DISCLAIMS ALL RESPONSIBILITY ENSURING OR VERIFYING ACCURACY OF INFORMATION PROVIDED WHILE SIGNING UP FOR OR USING THE SERVICES OR PROVIDED AS PART OF THE BACKGROUND CHECK PROCESS. Please note that if incorrect information is provided, the background check might be run with inaccurate identifying data, which can impact the validity of the results. .
LocalDawgs reserves the right to prohibit or deny use of Services based on results of a background check. If you have already provided payments to LocalDawgs, negative disclosures obtained through a background check will not be grounds for a refund. Furthermore, if you provide inaccurate information and Services are subsequently terminated, that is not ground for a refund.
As part of the Services, we offer an online platform that connects pet owners who have animals that require pet sitting services with pet sitters seeking to provide accommodations for such pets (collectively, the "Services"), which Services are accessible at www.localdawgs.com
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PET OWNERS OR PET SITTERS MAY CREATE LISTINGS FOR PET SITTING AND PET SITTERS OR PET OWNERS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS FOR PET SITTING DIRECTLY WITH THE PET SITTER / PET OWNER. YOU UNDERSTAND AND AGREE THAT LOCALDAWGS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PET OWNER AND PET SITTER. LOCALDAWGS HAS NO CONTROL OVER THE CONDUCT OF USERS, GUESTS AND OTHERS ACCESSING THE SITE OR USING THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO BE A USER OF LOCALDAWGS, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH LOCALDAWGS IS LIMITED TO BEING A MEMBER AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF LOCALDAWGS FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF LOCALDAWGS. AS A USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF LOCALDAWGS.AS A USER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF LOCALDAWGS.
PLEASE NOTE THAT LOCALDAWGS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING, POST, OR MEMBERSHIP PROFILE ACCESSED THROUGH THE SITE, OFFLINE ACTIVITIES ASSOCIATED WITH THE LISTING OR PET SITTING SERVICES, ANY OTHER MATTERS RELATED TO ANY LISTING OR PET SITTING SERVICES, OR THE PROVISION, QUALITY, CONDITION, LEGALITY OR SUITABILITY OF ANY LISTING OR PET SITTING SERVICES. LOCALDAWGS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CONTENT, LISTINGS AND PET SITTING SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF PROPERTY, INJURY AND DEATH. ACCORDINGLY, ANY BOOKINGS OF PET SITTING SERVICES AND COMMUNICATION WITH ANOTHER MEMBER WILL BE MADE AT EACH MEMBER’S OWN RISK.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site or Services and Collective Content. In connection with your use of the Site or Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
- access or use our Site or Services in any way that is inconsistent with the Terms or in any way that otherwise violates any rights of our users or any other third party;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with LocalDawgs;
- dilute, tarnish or otherwise harm the LocalDawgs name or brand;
- infringe the rights of LocalDawgs or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or 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 Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to pet sitting services;
- "stalk" or harass any other user of our Site or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a pet sitter or pet owner;
- contact another Member for any purpose other than asking a question related to a pet sitting;
- 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 from or otherwise interact with the Site or Services;
- engage in disruptive, circumventive, abusive or harassing behavior in any area of the Site or provision of the Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Site or Services, or any individual element within the Site or Services, LocalDawg's name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without LocalDawg's express written consent;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
LocalDawgs reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, LocalDawgs may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) for a violation of this Section or these Terms.
LocalDawgs may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against LocalDawgs or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of LocalDawgs, its users, or members of the public.
You acknowledge that LocalDawgs has no obligation to monitor your access to or use of the Site or Services or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
IF YOU CHOOSE TO USE THE SITE AND/OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LOCALDAWGS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND CONTRIBUTORS BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOCALDAWGS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOCALDAWGS MAKES NO WARRANTY THAT THE SITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE PET SITTING LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
3. Limitation of Liability
IN NO EVENT SHALL LOCALDAWGS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR RELIANCE ON THE SERVICES; OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.
You agree to release, defend, indemnify, and hold LocalDawgs and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Services or your violation of these Terms; (b) your posts or messages; (c) your (i) interaction(s) with other Users (e.g., pet sitters or pet owners), (ii) booking of a pet sitting service, or (iii) creation of a pet-sitting listing; and (d) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a use of the Site or a Service being facilitated by or delivered as part of using LocalDawgs.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
6. Integration and Severability
These Terms constitute the entire agreement between you and LocalDawgs.com with respect to the Site and/or Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LocalDawgs.com with respect to the Site or Services . If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.