TERMS AND CONDITIONS OF USE AGREEMENT
IMPORTANT NOTICE: THIS TERMS AND CONDITIONS OF USE AGREEMENT (“AGREEMENT”) IS A BINDING LEGAL AGREEMENT AND CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHTS TO A JURY TRIAL AS DETAILED IN THE BINDING INDIVIDUAL ARBITRATION SECTION 15 BELOW.
Effective Date: This Agreement was last updated on January 1, 2024
1. Agreement to Terms and Conditions
This Terms and Conditions of Use Agreement (“Agreement”) sets forth legally binding terms and governs your access to and all use of (a) the website and/or the mobile application(s) and the information or content contained on any one or all of them (collectively, the “Website”) owned and operated by Golden State Dog Services Inc, a California corporation (“Golden State”), and (b) any of the Referral Services and/or the Pet Care Services (defined below). By accessing or using the Website, the application(s) and/or the information or content contained on any one of them, and/or any Pet Care Services (defined below), you are accepting this Agreement and you represent and warrant that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are at least 18 years old, and (3) you have the right and authority to enter into this Agreement. You may not access or use the Website, and/or any Services if you are not at least 18 years old. If you do not agree to be bound by this Agreement, you may not access or use the Website or any of the Services.
2. Revisions to Terms and Conditions
Golden State reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.
3. Description of Pet Care Services
Through the Website and/or the software application(s), Golden State is providing you with information to assist you in finding and selecting third-party pet-related care services (“Pet Care Services”) offered by independently owned and operated pet service providers (the “Service Providers”), along with the ability to schedule, modify and/or cancel appointments with such Service Providers (collectively the “Referral Services”).
All contracts for Pet Care Services (“Pet Services Contracts”) are between the owners of the pets (the “Pet Owners”) and the Service Providers. Golden State will provide the Referral Services and facilitate payment of the fees for the Pet Care Services (the “Pet Service Fees”), but all Pet Service Contracts are between Pet Owners and Service Providers. Golden State has no liability for damages associated with either the Pet Services Contracts or the Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users
4. Referral Services Account
In order to use our Referral Services, you will be required to create a username, password, and user profile. If you elect to use our Referral Services, you agree to:
Create only one account;
Provide honest, accurate, current and complete information regarding yourself;
Keep your information updated and accurate;
Keep your account password private and not share it with others; and
Notify Golden State if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the Website. We do not guarantee that the Website is accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Website or any component of them and to block or prevent future access to and use of the Website and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Website will survive such termination.
5. Use of Mobile Devices
If you use a mobile device to access the Website, the following additional terms and conditions (“Mobile Terms”) also apply:
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode.
Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE WEBSITE VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
6. Links to Third Party Sites
The Website may contain links to other web sites (“Linked Sites”) that Golden State believes might be useful to you. The Linked Sites are not under the control of Golden State and when you link to another website, you are no longer on our Website and are subject to the privacy and use policies of the new website. Golden State is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Golden State is not responsible for webcasting or any other form of transmission received from any Linked Site and is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Golden State of the site or any association with its operators.
7. Restrictions on Use of Website
As a condition of your use of the Website, you warrant to Golden State that you will not use, nor permit others to use, the Website in any manner or for a purpose contrary to these Terms and Conditions or for any purpose that is unlawful or in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Website. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. By way of example, and not by limitation, you will not:
Restrict or inhibit another user from using and enjoying the Website;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
Use the Website or the Services to arrange for the care of inherently dangerous pets or any animal whose ownership or third-party care is prohibited under applicable law; or any animal that has a history of, or which has been trained for, attacks on pets or people.
Post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over);
Access another person’s or entity’s account information without the permission of that person or entity;
Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder;
Upload, post, or otherwise transmit any information, software, or other material that contains a “deep link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of this website or any content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not made purposely available through the website;
Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Golden State, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
Upload, post, or otherwise transmit any information, software, or other material that contains a virus, worm, time bomb, trap door, or any other harmful component that is designed to interrupt, destroy, impair, or limit the functionality or interfere in the performance of the products and services of Golden State;
Post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
Post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes;
Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes, or plan or participate in scams involving other users;
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any proprietary software deployed in connection with the Golden State products and Services;
Perform any activities that the California Secretary of State determines (in its sole discretion) may be harmful to the California Secretary of State, the website, or other users of the website.
8. Requests for Booking of Pet Care Services
8.1 Pet Owners and Service Providers transact with each other through the Referral Services when they both agree to a contract for pet-care services (“Pet Care Services Contract”) that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via a request booking for a Pet Services Contract (a “Booking Request”). A Booking Request may be initiated by either a Service Provider or a Pet Owner. If you are a Pet Owner and you initiate a Booking Request, you agree to pay for the Pet Care Services described in the Pet Care Services Contract when you click “Request for Pet Services Contract.” All Booking Requests are subject to acceptance by the Service Provider. The Service Provider is not obligated to accept your (or any) Booking Request and may, at their discretion, decline for any reason. Once you complete a Pet Care Services Contract, you agree to honor the price and other terms of the Booking Request.
9. Pet Care Services Fees
9.1 Pet Owners who request Pet Care Services from a Service Provider and who enter into a Pet Care Services Contract with the Service Provider, agree to pay the total amount indicated in the Booking Request, which includes service fees payable to Golden State (collectively, the “Pet Care Services Fees”). Where required by law, the amount charged will be inclusive of applicable taxes.
9.2 Service Providers must confirm the Booking Request within the time specified in the Booking Request. Upon execution of the Pet Care Services Contract, you and the Service Provider agree to honor the price set forth in the Booking Request. The Pet Care Services Contract is a transaction between the Pet Owner and the Service Provider. Golden State will act only as a neutral referral agency and shall collect payment of the Pet Care Services Fees from the Pet Owner at the time of the Booking Request and shall remit payment to the Service Provider’s account 72 hours after completion of the Pet Care Services as set forth in the Pet Care Services Contract.
9.3 We charge additional service fees for some aspects of the Referral Services. If you are a Service Provider, our service fee is included in and is collected at the time of each Booking Request.
All fees, deductible amounts and other payments referenced on, or charged through, the Referral Services are listed and payable in local currency.
Children are not eligible to use website services that require submission of personal information, including those requiring payments by credit card, and we prohibit minors (under the age of 18) from submitting any personal information to us. This prohibition includes submitting personal information as part of a user profile or personalization profile. If you have agreed to allow your minor child, or a child for whom you are the parent or legal guardian (a “Minor”), to use the Website, you the parent or legal guardian agree that you shall be solely responsible for: (a) all online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Website; and (c) the consequences of any use of the Website by such Minor, including being responsible for payments for any applicable fees.
Golden State is not a Service Provider and does not provide Pet Care Services but acts only as an independent neutral to refer and connect owners of pets seeking Pet Care Services with Service Providers. Golden State makes no representations or warranties about the quality of the Pet Care Services offered by Service Providers nor does it employ or control, either directly or indirectly, the Service Providers. Each of the Service Providers is an independently owned and operated legal entity that must enter into a separate Pet Care Services Contrct with the Pet Owner for the Pet Care Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, THE APPLICATION(S), THE INFORMATION OR CONTENT CONTAINED ON ANY OF THEM AND/OR THE REFERRAL SERVICES AND ANY PET CARE SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APPLICATIONS, AND ANY CONTENT OR INFORMATION PROVIDED BY ON ANY OF THEM AND/OR THE REFERRAL SERVICES AND/OR THE PET CARE SERVICES (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOLDEN STATE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE APPLICATIONS, THE INFORMATION CONTAINED ON ANY OF THEM AND/OR ANY SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. GOLDEN STATE DOES NOT WARRANT THAT THE WEBSITE, THE APPLICATIONS, ANY CONTENT PROVIDED BY ANY OF THEM AND/OR ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND/OR THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, THE APPLICATIONS AND/OR THE INFORMATION CONTAINED ON ANY OF THEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOLDEN STATE OR ITS AUTHORIZED REPRESENTATIVES OR ANY EMPLOYEE AT ANY INDEPENDENTLY OWNED AND OPERATED SERVICE PROVIDER WILL CREATE A WARRANTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOLDEN STATE, ANY INDEPENDENTLY OWNED AND OPERATED SERVICE PROVIDER OR THROUGH THE WEBSITE AND/OR THE APPLICATIONS, THE INFORMATION CONTAINED ON ANY OF THEM AND/OR THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLDEN STATE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GOLDEN STATE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE WEBSITE, THE APPLICATIONS OR THE INFORMATION CONTAINED ON ANY OF THEM, OR ANY SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GOLDEN STATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Golden State harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Website, the application(s) and/or any information or content provided on any of them, any Referral Services and/or any Pet Care Services provided by or purchased from an independently owned and operated Service Provider, the violation of this Agreement, using your equipment to access the Website and/or the application(s), infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Website, the application(s) and/or any of the Services.
14. Intellectual Property Protections
14.1 . The Website, and all applications and Services, are protected by copyright. Unless specified otherwise on the Website or in these Terms and Conditions, or except as permitted by United States copyright law, no portion of the Website or the Services may be copied, republished, transmitted, or distributed in any way without Golden State’s prior written consent. Any such use of the Website’s content or Services for any purpose not authorized under these Terms is a violation of the copyrights of Golden State.
14.2 Golden State adheres to the procedures of the U.S. Digital Millennium Copyright Act (“DMCA”), which provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting Petco at the address identified below and providing the following information:
a. Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., the URL) of an authorized version of the work(s);
b. Identification of the content that you believe to be infringing, and its location. Please describe the content and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
c. Your name, address, telephone number, and email address;
d. A statement that you have a good faith belief that the complained-of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
e. A statement that the information in this notification is accurate and, “under penalty of perjury,” you are the copyright owner or authorized representative; and
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
15. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Pre-Dispute Negotiations
Should any dispute, claim or controversy arising out of or related to (1) your access to the Website and/or the Application(s); (2) your use of the Website and/or the Application(s); (3) the Referral Services; (4) the Pet Care Services provided by or purchased from an independently owned and operated Service Provider, and/or (5) this Agreement or the transactions contemplated herein arise out of or be related to this Agreement (collectively, a “Dispute”), you must first send your name, address, telephone number, email address, and sufficient information for Golden State to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought, along with the calculation you used (the “Dispute Notice”). You and Golden State agree that the Parties will first make a good faith effort to resolve it informally “Informal Dispute Resolution Process”). This Informal Dispute Resolution Process is a condition precedent to commencing any formal proceeding in mediation, arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process. if the matter is not resolved within sixty (60) days after Golden State’s receipt of the Dispute Notice, you and Golden State agree to the further dispute resolution provisions below
If the Parties are not successful in resolving the Dispute using the Informal Dispute Resolution Process, either you or Golden State may demand that the Dispute be submitted to mediation prior to the filing of any lawsuit, complaint, or arbitration proceeding. The mediation shall not exceed one day and shall take place in San Francisco, California before a mediator mutually agreeable to the Parties or, if they cannot agree, then before a mediator selected by ADR Services, Inc. The parties shall make a good faith effort to resolve the Dispute and the Parties’ representatives must be fully authorized to negotiate a settlement at the mediation. The costs of the mediation shall be borne equally by the Parties. Any party that refuses or fails to participate in the mediation shall not be entitled to recover any attorney’s fees in subsequent proceedings.
15.3 MANDATORUY ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL; LIMITATION OF DISCOVERY RIGHTS
Except for Disputes where the amount in controversy is within the jurisdiction of the small claims court, any Dispute, claim or controversy arising out of or related to this Agreement or the transactions contemplated herein that cannot be settled amicably by either the Informal Dispute Resolution Process or the mediation as provided above, including any Dispute, claim or controversy concerning the breach, termination, enforcement, interpretation, or validity thereof, or the scope or enforcement of this Agreement to arbitrate, shall be heard, settled, and decided by arbitration before a single arbitrator in accordance with the then-current Arbitration Rules (“Rules”) of ADR Services, Inc. (“ADR Services”).
NOTE CAREFULLY: ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
IT IS THE INTENT AND AGREEMENT OF THE PARTIES THAT DISCOVERY SHOULD BE LIMITED TO REDUCE COSTS AND ALL DOCUMENTS, MATERIALS, AND INFORMATION IN THE POSSESSION OF EACH PARTY THAT ARE IN ANY WAY RELEVANT TO THE DISPUTE SHALL BE MADE AVAILABLE TO THE OTHER PARTY FOR REVIEW AND COPYING NO LATER THAN 60 DAYS AFTER THE NOTICE OF ARBITRATION IS SERVED. NO WRITTEN INTERROGATORIES SHALL BE ALLOWED, AND EACH PARTY SHALL BE LIMITED TO THE TAKING OF NO MORE THAN TWO (2) DEPOSITIONS, UNLESS THE ARBITRATOR, FOR EXTREME GOOD CAUSE SHOWN, APPROVES THE TAKING OF ONE (1) ADDITIONAL DEPOSITION BY EACH PARTY.
The award in such arbitration shall be in writing and shall be supported by detailed findings of fact and conclusions of law. As part of such award, the prevailing party (as determined by the Arbitrator) shall be awarded legal fees and expenses incurred in conjunction with the dispute and the losing party shall be required to pay the fees and the costs of the litigation. The award shall be final and enforceable in any court of competent jurisdiction. The Parties hereby exclude any right of appeal to any court on the merits of the Dispute except as allowed by the Rules and the law of the State of California. The Parties further acknowledge, agree and stipulate that the activities of the parties and the actions contemplated by this Agreement include the use of interstate mails, materials and commerce and thus involve interstate commerce, as that term is defined in the Federal Arbitration Act, 9 U.S.C. section 1, et seq.
15.4 CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.
Any disputes, claims or controversies, whether in arbitration or court, will be conducted only on an individual basis and not on behalf of, or as part of, any purported class, consolidated, representative or private attorney general proceeding. YOU FURTHER AGREE THAT YOU SHALL NOT PARTICIPATE IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY INVOLVING A DISPUTE. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GOLDEN STATE AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF GOLDEN STATE’S SERVICES.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated. The terms of this provision will be binding on you, your heirs, successors, and assigns.
15.5 Confidentiality of Arbitration Proceedings.
Arbitration proceedings conducted pursuant to this Section 15 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to either party’s legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court AND YOU AND GOLDEN STATE EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY BY HAVING THE DISPUTE ADJUDICATED BY JUDICIAL REFERENCE BEFORE A SINGLE REFEREE SELECTED BY THE PARTIES AND APPOINTED BY THE COURT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 638 AND 641 THROUGH 645.1 OR ANY SUCCESSOR STATUTES THERETO. IF THE PARTIES CANNOT AGREE ON THE SELECTION OF THE REFEREE, THE COURT SHALL SELECT AND APPOINT THE REFEREE.
Continuation. This Section 15 shall survive any termination of this Agreement or the provision of any Services to you.
16 Governing Law; Jurisdiction and Exclusive Venue
16.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
Except as described otherwise, all materials in the Website are made available only to provide information about Golden State and its Referral Services. Golden State controls and operates this site from its headquarters in the San Francisco Bay Area, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
16.2 Exclusive Forum and Venue; Service by Mail.
Subject to the provisions of Section 15, the Superior Court of the State of California in and for the County of San Francisco shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of or related to this Agreement. Each Party expressly consents to (i) the personal jurisdiction of the Superior Court of the State of California in and for the County of San Francisco, and (ii) service of process being affected upon such Party by registered or certified mail.
17. Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Website, the application(s) or any Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. These Terms and Conditions and our Referral Services do not prohibit Service Providers from offering pet care services via other means or third parties.
In the event any one or more of these Terms and Conditions is determined to be invalid or unenforceable, you and Golden State agree to replace such Term or Condition with a Term or Condition that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable Term or Condition, and these Terms and Conditions will be enforceable as so modified.
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both you and Golden State.
You agree that this Agreement and any other agreements referenced herein may be assigned by Golden State in its sole discretion, to a third party in the event of a merger or acquisition.
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United States of America
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Off Leash K9 Training of Central Coast.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Goods refer to the dog training services and items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Off Leash K9 Training of Central Coast, accessible from https://centralcoastdogtrainers.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mis-priced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards, Affirm (Buy Now Pay Later), or online electronic funds transfer methods (ACH or e-check).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: By visiting this page on our website: https://centralcoastdogtrainers.com/contact/