Terms & Conditions

TERMS & CONDITIONS

THE TERMS AND CONDITIONS STATED BELOW (THE "TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR", “PET OWNER,” “PET OWNERS,” “RIDER,” “RIDERS,” “USER,” OR "USERS") AND PAWZ PET TAXI APP, INC., D/B/A PAWZ, A FLORIDA CORPORATION ("WE", "US", "OUR", OR "PAWZ").   IN ORDER TO USE OUR SERVICE, YOU MUST AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE SET FORTH BELOW. FURTHER, BY USING OUR SERVICES, OR DOWNLOADING, INSTALLING OR USING ANY ASSOCIATED SOFTWARE SUPPLIED BY PAWZ, YOU HEREBY ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS.

BY ACCESSING OR USING THE PAWZ APP, YOU ACCEPT THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PAWZ APP.  

THE TERMS HEREIN GOVERN YOUR USE OF OUR SOFTWARE APPLICATIONS, RESOURCES AND SERVICES FOR PET OWNERS AND PET TAXI SERVICE PROVIDERS (HEREINAFTER ALSO REFERRED TO BY ANY OF THE FOLLOWING NAMES: “PET TAXI PROVIDER", "PET TAXI PROVIDERS",  "PAWZ PRO", "PAWZ PROS", "PET TAXI SERVICE PROVIDER,” “PET TAXI SERVICE PROVIDERS,” “SERVICE PROVIDER,” “SERVICE PROVIDERS,” “DRIVER,“ “DRIVERS,” “USER” or “USERS”) TO FIND EACH OTHER, COMMUNICATE WITH EACH OTHER, AND ARRANGE FOR THE PROVISION OF PET TAXI SERVICES (EACH, AND COLLECTIVELY “PAWZ SERVICES,” “SERVICE,” OR “SERVICES”).  THE TERMS GOVERN ALL USE OF PAWZ SERVICES, WHETHER YOU ACCESS IT FROM OUR WEBSITE, OUR MOBILE APPLICATIONS AND MOBILE WEBSITES, OUR ONLINE OR PHONE SUPPORT OFFERINGS, OR ANY OTHER ACCESS POINT WE MAKE AVAILABLE TO YOU.

PAWZ RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR UPDATE THE (A) SERVICE AND/OR (B) THESE TERMS, OR ITS POLICIES RELATING TO THE SERVICE, AT ANY TIME, EFFECTIVE UPON POSTING OF AN UPDATED VERSION OF THESE TERMS HEREIN.  YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR CONSENT TO ALL SUCH CHANGES.

PAWZ DOES NOT PROVIDE PET TAXI SERVICES OR ACT IN ANY WAY AS A PET TAXI SERVICE PROVIDER. PAWZ HAS NO CONTROL OVER THE CONDUCT OF PET TAXI SERVICE PROVIDERS OR ANY OTHER USERS OF THE SERVICES, AND PAWZ DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.  PAWZ IS A NEUTRAL VENUE FOR PET TAXI SERVICE PROVIDERS AND PET OWNERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF BOARDING, PET SITTING, DOG WALKING, HOUSE SITTING, TRANSPORTATION, DROP OFF OR DELIVERY SERVICE, OR OTHER SERVICES PROVIDED BY A PET TAXI SERVICE PROVIDER.  WE ONLY PROVIDE GENERAL GUIDANCE TO PET TAXI SERVICE PROVIDERS ABOUT SAFETY AND PET CARE AND TO PET OWNERS ABOUT SELECTING AND ENGAGING PET TAXI SERVICE PROVIDERS.

PAWZ DOES NOT EMPLOY, RECOMMEND OR ENDORSE PET TAXI SERVICE PROVIDERS OR PET OWNERS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE PERFORMANCE OR CONDUCT OF PET TAXI SERVICE PROVIDERS OR PET OWNERS, WHETHER ONLINE OR OFFLINE, AT ANY TIME OR AT ANY PLACE WHATSOEVER.  PAWZ PROVIDES A MARKETPLACE WHERE PERSONS WHO SEEK TRANSPORTATION FOR THEIR UNACCOMPANIED PETS, TO PRE-ARRANGED DESTINATIONS (“RIDERS”) CAN BE MATCHED WITH PERSONS DRIVING TO OR THROUGH THOSE DESTINATIONS (“DRIVERS”).  DRIVERS AND RIDERS ARE COLLECTIVELY REFERRED TO HEREIN AS “USERS,” AND EACH USER SHALL CREATE A USER ACCOUNT THAT ENABLES ACCESS TO THE PAWZ APP FOR PET OWNERS AND, THE PAWZ PROS APP FOR PET TAXI DRIVERS. EACH PERSON MAY ONLY CREATE ONE USER ACCOUNT FOR EACH APP, AND PAWZ RESERVES THE RIGHT TO SHUT DOWN ANY ADDITIONAL ACCOUNTS. AS A USER, YOU AUTHORIZE PAWZ TO MATCH YOU WITH A DRIVER OR RIDER BASED ON FACTORS SUCH AS YOUR LOCATION, THE ESTIMATED TIME TO PICK-UP, YOUR DESTINATION, USER PREFERENCES, SERVICE(S) REQUESTED, AND PLATFORM EFFICIENCY, AND TO CANCEL AN EXISTING MATCH AND REMATCH BASED ON THE SAME CONSIDERATIONS. FOR PURPOSES OF THIS AGREEMENT, THE SERVICES PROVIDED BY DRIVERS TO RIDERS THAT ARE MATCHED THROUGH PAWZ SHALL BE REFERRED TO COLLECTIVELY AS THE “SERVICES”. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE OR PET CARE SERVICE PROVIDED BY A DRIVER TO A RIDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.

WE CONDUCT AN INITIAL REVIEW OF SERVICE PROVIDER APPLICATIONS AND WE FACILITATE BACKGROUND CHECKS ON PET TAXI SERVICE PROVIDERS CONDUCTED BY A THIRD PARTY, BUT, EXCEPT WHERE EXPLICITLY SPECIFIED, WE DO NOT OTHERWISE SCREEN PET TAXI SERVICE PROVIDERS OR PET OWNERS.   YOU SHOULD EXERCISE CAUTION AND USE YOUR INDEPENDENT JUDGMENT BEFORE ENGAGING A PET TAXI SERVICE PROVIDER, PROVIDING SERVICES, OR OTHERWISE INTERACTING WITH USERS VIA THE PAWZ MOBILE APPLICATION OR OTHER METHOD OF SERVICE. PET OWNERS AND PET TAXI SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR MAKING DECISIONS THAT ARE IN THE BEST INTERESTS OF THEMSELVES, THEIR PROPERTY, AND/OR THEIR PETS.  FOR EXAMPLE, EACH USER IS RESPONSIBLE FOR KEEPING CURRENT HIS OR HER OWN PET’S VACCINATIONS, AND WE WILL HAVE NO LIABILITY FOR ANYONE’S FAILURE TO VACCINATE HIS OR HER PET.

WE HEREBY EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE US FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, OR NONUSERS, AND THE ACTS AND/OR OMISSIONS OF PET TAXI SERVICE PROVIDERS AND PET OWNERS AND/OR ANYONE ELSE WHATSOEVER, WHETHER ONLINE OR OFFLINE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE AND/OR PROVISION OF PET TAXI SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

TRANSACTIONS ARE BETWEEN PET OWNERS AND PET TAXI SERVICE PROVIDERS.  PET OWNERS ARE SOLELY RESPONSIBLE FOR EVALUATING SERVICE PROVIDERS. SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR EVALUATING PET OWNERS AND THEIR PET(S).  PAWZ MAY BE USED TO FIND AND OFFER PET TAXI SERVICES AND TO FACILITATE PAYMENT, BUT ALL TRANSACTIONS AND INTERACTIONS CONDUCTED ARE SOLELY BETWEEN PET OWNERS AND PET TAXI SERVICE PROVIDERS.   YOU AGREE THAT PAWZ HAS NO LIABILITY FOR DAMAGES ASSOCIATED WITH PET TAXI SERVICES (WHICH MAY INCLUDE BUT IS NOT LIMITED TO BODILY INJURY TO, OR DEATH TO YOU, ANOTHER PERSON, OR A PET) OR RESULTING FROM ANY OTHER TRANSACTIONS WHATSOEVER, DIRECTLY OR INDIRECTLY, INVOLVING PAWZ AND/OR ITS SERVICES.  

PET OWNERS AND SERVICE PROVIDERS TRANSACT WITH EACH OTHER WHEN THEY BOTH AGREE TO A “BOOKING” THAT SPECIFIES THE FEES, TIME PERIOD, AND OTHER TERMS FOR PROVISION OF PET TAXI SERVICES (A “BOOKING”).  ONCE YOU COMPLETE A BOOKING, YOU AGREE TO HONOR THE PRICE AND OTHER TERMS OF THAT BOOKING.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOUR REPRESENTATIONS AND WARRANTIES

BY USING OUR SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT (I) YOU ARE LEGALLY ENTITLED TO ENTER THESE TERMS, (II) YOU ARE AT LEAST 21 YEARS OLD, AND (III) THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THESE TERMS. IF YOU RESIDE IN A JURISDICTION WHICH RESTRICTS THE USE OF THE SERVICES BECAUSE OF AGE OR RESTRICTS THE ABILITY TO ENTER INTO AGREEMENTS SUCH AS THIS ONE DUE TO AGE, YOU MUST ABIDE BY SUCH AGE LIMITS AND YOU MUST NOT ACCESS OR USE SERVICES. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO ANY PERSON UNDER THE AGE OF 21.   

PAWZ HEREBY GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, RIGHT TO USE THE SERVICES, SOLELY FOR YOUR OWN PURPOSES, SUBJECT TO THE TERMS AND CONDITIONS OF THESE TERMS. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY PAWZ AND ITS LICENSORS.

BY USING THE SERVICES, YOU AGREE THAT:

YOU WILL USE PAWZ SERVICES ONLY IN A LAWFUL MANNER AND ONLY FOR ITS INTENDED PURPOSES.

YOU WILL HAVE YOUR PET(S) FULLY VACCINATED AND UP TO DATE ON ALL FORMS OF PREVENTATIVE MEDICINE PRIOR TO RECEIVING SERVICES FROM A PET TAXI SERVICE PROVIDER.

YOUR PETS ARE FRIENDLY, ACCESSIBLE, AND FREE FROM FLEAS, TICKS, AND OTHER PESTS.

BEFORE BOOKING YOUR SERVICE, YOU HAVE MADE ADVANCE ARRANGEMENTS FOR ANY SERVICES PROVIDED TO YOU OR YOUR PET BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO, PAYMENT FOR THIRD PARTY SERVICES AND ANY SPECIFIC PICK UP AND/OR DROP OFF ARRANGEMENTS NECESSARY FOR THE THIRD-PARTY TO ACCEPT OR RELEASE YOUR PET TO/FROM THE DRIVER.  YOU UNDERSTAND THAT IF YOU HAVE NOT DONE SO, THIS MAY LIMIT YOUR PET TAXI PROVIDER’S ACCESS TO THE DELIVERING OR RECEIVING OF YOUR PET FROM SAID THIRD PARTY AND APPLICABLE FEES WILL APPLY AND YOU WILL BE CHARGED FOR ANY DELAYS IN PICK UP AND/OR DROP OFF SERVICES.

YOU WILL NOT USE PAWZ SERVICE TO ARRANGE FOR THE CARE OF EXOTIC OR INHERENTLY DANGEROUS PETS SUCH AS VENOMOUS SNAKES OR CONSTRICTORS, PRIMATES, WOLVES OR WOLF HYBRIDS, NON-DOMESTICATED CATS, ALLIGATORS, HORSES OR OTHER LIVESTOCK, OR ANY ANIMAL WITH A HISTORY OF ATTACKS ON PETS OR PEOPLE.

YOU WILL NOT POST “SPAM” OR OTHER UNAUTHORIZED COMMERCIAL COMMUNICATIONS.

YOU WILL USE THE PAWZ SERVICE ONLY FOR YOUR OWN PURPOSES, AND NOT TO IMPERSONATE ANY OTHER PERSON.

YOU WILL NOT PROVIDE FALSE INFORMATION IN YOUR PROFILE ON, OR REGISTRATION FOR SERVICES.  

YOU WILL NOT INTERFERE WITH OUR PROVISION OF, OR ANY OTHER USER’S USE OF, ANY PAWZ SERVICE.

YOU WILL NOT USE THE SERVICES TO IDENTIFY USERS OR PET TAXI PROVIDERS IN ORDER TO COMPLETE OFFLINE TRANSACTIONS IN ORDER TO CIRCUMVENT YOUR PAYMENT OBLIGATIONS FOR THE SERVICES.

YOU MAY NOT AUTHORIZE OTHERS TO USE YOUR USER STATUS, AND YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER YOUR USER ACCOUNT TO ANY OTHER PERSON OR ENTITY.

YOU AGREE TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL, AND LOCAL LAWS WHILE USING THE SERVICES.

YOU MAY ONLY ACCESS THE SERVICES USING AUTHORIZED MEANS, AND THAT IT IS YOUR RESPONSIBILITY TO CHECK TO ENSURE YOU DOWNLOAD THE CORRECT SOFTWARE FOR YOUR DEVICE.

PAWZ IS NOT LIABLE IF YOU DO NOT HAVE A COMPATIBLE PHONE, HANDSET OR OTHER REQUIRED DEVICE OR IF YOU HAVE DOWNLOADED THE WRONG VERSION OF THE SERVICES.

PAWZ RESERVES THE RIGHT TO TERMINATE THESE TERMS SHOULD YOU BE USING THE SERVICES WITH AN INCOMPATIBLE OR UNAUTHORIZED DEVICE.

YOUR PARTICIPATION IN USING THE SERVICES IS FOR YOUR SOLE, PERSONAL USE.

YOU WILL NOT USE THE SERVICES FOR ANY FRAUDULENT PURPOSES.

YOU WILL NOT USE THE SERVICES TO CAUSE NUISANCE, ANNOYANCE OR INCONVENIENCE.

YOU WILL NOT IMPAIR THE PROPER OPERATION OF THE SERVICES.

YOU WILL NOT TRY TO HARM THE SERVICES IN ANY WAY WHATSOEVER.

YOU WILL NOT COPY, OR DISTRIBUTE THE SERVICES, OR ANY OF OUR MATERIALS, WITHOUT WRITTEN PERMISSION FROM PAWZ.

YOU WILL KEEP SECURE AND CONFIDENTIAL YOUR ACCOUNT PASSWORD OR ANY IDENTIFICATION WE PROVIDE YOU WHICH ALLOWS ACCESS TO THE SERVICES.

YOU WILL PROVIDE US WITH WHATEVER PROOF OF IDENTITY WE MAY REASONABLY REQUEST.

YOU WILL ONLY USE AN ACCESS POINT OR 3G DATA ACCOUNT (AP) WHICH YOU ARE AUTHORIZED TO USE.

YOU WILL NOT LICENSE, SUBLICENSE, SELL, RESELL, TRANSFER, ASSIGN, DISTRIBUTE OR OTHERWISE COMMERCIALLY EXPLOIT OR MAKE AVAILABLE TO ANY THIRD PARTY THE SERVICES IN ANY WAY.

YOU WILL NOT MODIFY OR MAKE DERIVATIVE WORKS BASED UPON THE SERVICES.

YOU WILL NOT CREATE INTERNET "LINKS" TO THE SERVICES OR "FRAME" OR "MIRROR" ANY SOFTWARE ON ANY OTHER SERVER OR WIRELESS OR INTERNET-BASED DEVICE.

YOU WILL NOT (EXCEPT AS PERMITTED BY APPLICABLE LAW) REVERSE ENGINEER OR ACCESS THE SERVICES IN ORDER TO, BUILD A COMPETITIVE PRODUCT OR SERVICE, BUILD A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OF THE SERVICES, OR COPY ANY IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OF THE SERVICES.

YOU WILL NOT LAUNCH AN AUTOMATED PROGRAM OR SCRIPT, INCLUDING, BUT NOT LIMITED TO, WEB SPIDERS, WEB CRAWLERS, WEB ROBOTS, WEB ANTS, WEB INDEXERS, BOTS, VIRUSES OR WORMS, OR ANY PROGRAM WHICH MAY MAKE MULTIPLE SERVER REQUESTS PER SECOND, OR UNDULY BURDENS OR HINDERS THE OPERATION AND/OR PERFORMANCE OF THE SERVICES.

YOU WILL NOT SEND SPAM OR OTHERWISE DUPLICATIVE OR UNSOLICITED MESSAGES IN VIOLATION OF APPLICABLE LAWS THROUGH THE SERVICES.

YOU WILL NOT SEND OR STORE THROUGH OR ON THE SERVICES INFRINGING, OBSCENE, THREATENING, LIBELOUS, OR OTHERWISE UNLAWFUL OR TORTIOUS MATERIAL, INCLUDING MATERIAL HARMFUL TO CHILDREN OR IN VIOLATION OF THIRD-PARTY PRIVACY RIGHTS.

YOU WILL NOT SEND OR STORE THROUGH OR ON THE SERVICES MATERIAL CONTAINING SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPUTER CODE, FILES, SCRIPTS, AGENTS OR PROGRAMS.

YOU WILL NOT INTERFERE WITH OR DISRUPT THE INTEGRITY OR PERFORMANCE OF THE SERVICES OR THE DATA CONTAINED THEREIN.

YOU WILL NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SERVICES OR ITS RELATED SYSTEMS OR NETWORKS.

IN THE SOLE DISCRETION OF PAWZ, YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO PROVIDE ANY SERVICE TO YOU OR YOUR PET, NOR ANY OBLIGATION TO CONTINUE PROVIDING IT ONCE WE HAVE BEGUN.  

PAWZ REGISTRATION

IN ORDER TO FULLY USE THE SERVICES, YOU WILL BE REQUIRED TO REGISTER AN ACCOUNT. IF YOU CHOOSE TO REGISTER, YOU AGREE TO PROVIDE AND MAINTAIN TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF, AS WELL AS YOUR PETS. YOUR REGISTRATION INFORMATION IS GOVERNED BY OUR PRIVACY POLICY. IF ANY OF YOUR REGISTRATION DATA IS INACCURATE, INCOMPLETE OR NOT CURRENT, WE MAY TERMINATE YOUR ACCOUNT IMMEDIATELY. WE MAY REJECT A REGISTRATION APPLICATION IN OUR SOLE DISCRETION. WE HAVE NO OBLIGATION TO DISCLOSE THE REASON FOR OUR DECISION TO REJECT AN APPLICATION. YOU MAY NOT REGISTER FOR THE SERVICES IF YOU ARE UNDER 21 YEARS OF AGE.

ASSIGNMENT OF RIGHTS

YOU HEREBY ASSIGN TO PAWZ THE IRREVOCABLE AND UNRESTRICTED RIGHT TO USE AND PUBLISH PHOTOGRAPHS OF YOUR PET(S), OR IN WHICH YOUR PET(S) MAY BE INCLUDED, FOR ADVERTISING, EDITORIAL, TRADE, EDUCATIONAL, AND/OR ANY OTHER PURPOSE AND IN ANY MANNER AND MEDIUM; TO ALTER THE SAME WITHOUT RESTRICTION; AND TO COPYRIGHT THE SAME WITHOUT RESTRICTION.  YOU RELEASE ALL CLAIM TO PROFITS THAT MAY ARISE FROM USE OF SUCH PHOTOGRAPHS.

EMERGENCIES  

WE RECOMMEND THAT PET OWNERS GIVE THEIR SERVICE PROVIDERS ANY SPECIAL INSTRUCTIONS FOR PET CARE, SAFETY, AND/OR HOME ENTRY, PICK UP, DROP OFF, ETC., VIA THE PAWZ APP COMMUNICATION AND CONTACT FUNCTION, INCLUDING BUT NOT LIMITED TO INFORMATION WHERE THEY CAN BE REACHED IN THE EVENT MEDICAL CARE FOR A PET BECOMES NECESSARY. SERVICE PROVIDERS AGREE TO CONTACT PET OWNERS IN THE EVENT SUCH CARE BECOMES NECESSARY WITH THE PETS WELL BEING TAKING PRECEDENT OVER ANY SUCH NOTIFICATION TO PET OWNER.  IF YOU ARE A PET OWNER, YOU HEREBY AUTHORIZE YOUR SERVICE PROVIDER AND PAWZ TO OBTAIN AND AUTHORIZE THE PROVISION OF VETERINARY CARE FOR YOUR PET IF YOU CANNOT BE REACHED TO AUTHORIZE CARE YOURSELF IN AN EMERGENCY SITUATION. IN SUCH CASE, YOU ALSO AUTHORIZE YOUR PET’S VETERINARIAN(S) TO RELEASE YOUR PET’S VETERINARY RECORDS TO PAWZ OR THE SERVICE PROVIDER. PET OWNERS ARE SOLELY RESPONSIBLE FOR THE COSTS OF ANY SUCH MEDICAL TREATMENT FOR PETS AND, IF YOU ARE A PET OWNER, YOU HEREBY AUTHORIZE PAWZ TO CHARGE YOUR CREDIT CARD FOR SUCH COSTS.

PRIVACY

PAWZ TAKES THE PRIVACY OF ITS USERS VERY SERIOUSLY. FOR THE CURRENT PAWZ PRIVACY POLICY, PLEASE REVIEW THE APP OR VISIT WWW.WEFETCHPETS.COM. THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") REQUIRES THAT ONLINE SERVICE PROVIDERS OBTAIN PARENTAL CONSENT BEFORE THEY KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION ONLINE FROM CHILDREN WHO ARE UNDER 13. WE DO NOT KNOWINGLY COLLECT OR SOLICIT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN UNDER 13; IF YOU ARE A CHILD UNDER 13, PLEASE DO NOT ATTEMPT TO REGISTER FOR THE SERVICES OR SEND ANY PERSONAL INFORMATION ABOUT YOURSELF TO US. IF WE LEARN WE HAVE COLLECTED PERSONAL INFORMATION FROM A CHILD UNDER 13, WE WILL DELETE THAT INFORMATION AS QUICKLY AS POSSIBLE. IF YOU BELIEVE THAT A CHILD UNDER 13 MAY HAVE PROVIDED US PERSONAL INFORMATION, PLEASE CONTACT US AT SUPPORT@WEFETCHPETS.COM.

PAYMENT TERMS

YOU UNDERSTAND THAT USE OF THE SERVICES WILL RESULT IN CHARGES TO YOU FOR THE SERVICES YOU RECEIVE FROM A PET TAXI PROVIDER. AFTER YOU HAVE RECEIVED SERVICES OR GOODS OBTAINED THROUGH YOUR USE OF THE SERVICES, PAWZ WILL FACILITATE YOUR PAYMENT OF THE APPLICABLE CHARGES ON BEHALF OF THE PET TAXI PROVIDER, AS SUCH PET TAXI PROVIDER'S LIMITED PAYMENT COLLECTION AGENT. PAYMENT OF SUCH CHARGES IN SUCH MANNER SHALL BE CONSIDERED THE SAME AS PAYMENT MADE DIRECTLY BY YOU TO THE PET TAXI PROVIDER. CHARGES WILL BE INCLUSIVE OF APPLICABLE TAXES WHERE REQUIRED BY LAW. CHARGES PAID BY YOU ARE FINAL AND NON-REFUNDABLE, UNLESS OTHERWISE DETERMINED BY PAWZ.  ALL CHARGES ARE DUE IMMEDIATELY AND PAYMENT WILL BE FACILITATED BY PAWZ USING THE PREFERRED PAYMENT METHOD DESIGNATED IN YOUR PAWZ ACCOUNT, AFTER WHICH PAWZ WILL SEND YOU AN IN-APP RECEIPT.

AS BETWEEN YOU AND PAWZ, PAWZ RESERVES THE RIGHT TO ESTABLISH, REMOVE AND/OR REVISE CHARGES FOR ANY OR ALL SERVICES OBTAINED THROUGH THE USE OF THE SERVICES AT ANY TIME IN PAWZ'S SOLE DISCRETION.  PAWZ WILL USE REASONABLE EFFORTS TO INFORM YOU OF CHARGES THAT MAY APPLY, PROVIDED THAT YOU WILL BE RESPONSIBLE FOR CHARGES INCURRED UNDER YOUR PAWZ ACCOUNT REGARDLESS OF YOUR AWARENESS OF SUCH CHARGES OR THE AMOUNTS THEREOF. PAWZ MAY FROM TIME TO TIME PROVIDE CERTAIN USERS WITH PROMOTIONAL OFFERS AND DISCOUNTS THAT MAY RESULT IN DIFFERENT AMOUNTS CHARGED FOR THE SAME OR SIMILAR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, AND YOU AGREE THAT SUCH PROMOTIONAL OFFERS AND DISCOUNTS, UNLESS ALSO MADE AVAILABLE TO YOU, SHALL HAVE NO BEARING ON YOUR USE OF THE SERVICES OR THE CHARGES APPLIED TO YOU. YOU MAY ELECT TO CANCEL YOUR REQUEST FOR SERVICES FROM A PET TAXI PROVIDER AT ANY TIME PRIOR TO SUCH PET TAXI PROVIDER'S ARRIVAL, IN WHICH CASE YOU MAY BE CHARGED A CANCELLATION FEE EQUALLING THE BASE FARE OF YOUR SELECTED SERVICE.

THIS PAYMENT STRUCTURE IS INTENDED TO FULLY COMPENSATE THE PET TAXI PROVIDER FOR THE SERVICES PROVIDED. PAWZ DOES NOT DESIGNATE ANY PORTION OF YOUR PAYMENT AS A TIP OR GRATUITY TO THE PET TAXI PROVIDER. ANY REPRESENTATION BY PAWZ TO THE EFFECT THAT TIPPING IS "VOLUNTARY," "NOT REQUIRED," AND/OR "INCLUDED" IN THE PAYMENTS YOU MAKE FOR SERVICES OR GOODS PROVIDED IS NOT INTENDED TO SUGGEST THAT PAWZ PROVIDES ANY ADDITIONAL AMOUNTS, BEYOND THOSE DESCRIBED ABOVE, TO THE PET TAXI PROVIDER. YOU UNDERSTAND AND AGREE THAT, WHILE YOU ARE FREE TO PROVIDE ADDITIONAL PAYMENT AS A GRATUITY TO ANY PET TAXI PROVIDER WHO PROVIDES YOU WITH SERVICES OBTAINED THROUGH THE SERVICES, YOU ARE UNDER NO OBLIGATION TO DO SO. GRATUITIES ARE VOLUNTARY. AFTER YOU HAVE RECEIVED SERVICES OR GOODS OBTAINED THROUGH THE SERVICES, YOU MAY HAVE THE OPPORTUNITY TO RATE YOUR EXPERIENCE AND LEAVE ADDITIONAL FEEDBACK ABOUT YOUR PET TAXI PROVIDER. PAWZ DEDUCTS A 3% CREDIT CARD PROCESSING FEE FROM ANY GRATUITY MADE TO A PET TAXI PROVIDER BY WAY OF PET OWNER’S STORED CREDIT CARD.

UNLESS OTHERWISE SPECIFIED, THE TOTAL AMOUNT PET OWNERS ARE CHARGED FOR A BOOKING WILL ALSO INCLUDE A PLATFORM FEE PAYABLE TO PAWZ.  THE SERVICE PROVIDER, NOT PAWZ, IS SOLELY RESPONSIBLE FOR PERFORMING THE PET TAXI SERVICES.

DAMAGE FEE. IF A DRIVER REPORTS THAT YOU OR YOUR PET HAVE MATERIALLY DAMAGED THE DRIVER'S VEHICLE, YOU AGREE TO PAY A “DAMAGE FEE” OF UP TO $250 DEPENDING ON THE EXTENT OF THE DAMAGE (AS DETERMINED BY PAWZ IN ITS SOLE DISCRETION), TOWARDS VEHICLE REPAIR OR CLEANING. PAWZ RESERVES THE RIGHT (BUT IS NOT OBLIGATED) TO VERIFY OR OTHERWISE REQUIRE DOCUMENTATION OF DAMAGES PRIOR TO PROCESSING THE DAMAGE FEE.

TOLLS.  IN SOME INSTANCES, TOLLS (OR RETURN TOLLS) MAY APPLY TO YOUR RIDE. WE DO NOT GUARANTEE THAT THE AMOUNT CHARGED BY PAWZ WILL MATCH THE TOLL CHARGED TO THE DRIVER, IF ANY.

OTHER CHARGES. OTHER FEES AND SURCHARGES MAY APPLY TO YOUR RIDE, INCLUDING: ACTUAL OR ANTICIPATED AIRPORT FEES, STATE OR LOCAL FEES, EVENT FEES AS DETERMINED BY PAWZ OR ITS MARKETING PARTNERS, AND PROCESSING FEES FOR SPLIT PAYMENTS. IN ADDITION, WHERE REQUIRED BY LAW PAWZ WILL COLLECT APPLICABLE TAXES.

LATE FEES

IF YOU ARE A PET OWNER, YOU ACKNOWLEDGE AND AGREE THAT, IF YOU FAIL TO PROVIDE ACCESS TO YOUR PET AT THE TIME SCHEDULED FOR PICK UP, OR FAIL TO RETRIEVE YOUR PET AT THE END OF THE SERVICE PERIOD AGREED IN A BOOKING, YOU WILL BE CHARGED A LATE PICKUP FEE, OR WAITING FEE, FOR EACH MINUTE OF DELAY NOT CAUSED BY YOUR PET TAXI PROVIDER.  IN ADDITION, YOU AGREE TO INDEMNIFY PAWZ FROM, AND AGREE THAT WE MAY CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD FOR ANY ADDITIONAL COSTS AND EXPENSES WE OR THE SERVICE PROVIDER INCUR AS A RESULT OF YOUR FAILURE TO ALLOW ACCESS TO YOUR PET OR YOUR FAILURE TO RETRIEVE YOUR PET AS AGREED IN A BOOKING.

PROMOTIONS AND REFERRAL PROGRAMS

PAWZ, AT ITS SOLE DISCRETION, MAY MAKE AVAILABLE PROMOTIONS WITH DIFFERENT FEATURES TO ANY USERS OR PROSPECTIVE USERS. THESE PROMOTIONS, UNLESS MADE TO YOU, SHALL HAVE NO BEARING WHATSOEVER ON YOUR AGREEMENT OR RELATIONSHIP WITH PAWZ. PAWZ RESERVES THE RIGHT TO WITHHOLD OR DEDUCT CREDITS OR BENEFITS OBTAINED THROUGH A PROMOTION IN THE EVENT THAT PAWZ DETERMINES OR BELIEVES THAT THE REDEMPTION OF THE PROMOTION OR RECEIPT OF THE CREDIT OR BENEFIT WAS IN ERROR, FRAUDULENT, ILLEGAL, OR IN VIOLATION OF THE APPLICABLE PROMOTION TERMS OF THIS AGREEMENT.

AS PART OF YOUR USER ACCOUNT, PAWZ MAY PROVIDE YOU WITH OR ALLOW YOU TO CREATE A “PAWZ CODE,” A UNIQUE ALPHANUMERIC CODE FOR YOU TO DISTRIBUTE TO YOUR FRIENDS AND FAMILY (EACH A “REFERRED USER”) TO BECOME NEW PAWZ RIDERS (“REFERRED RIDERS”) OR DRIVERS (“REFERRED DRIVERS”). PAWZ CODES MAY ONLY BE DISTRIBUTED FOR PROMOTIONAL PURPOSES AND MAY BE GIVEN AWAY FREE OF CHARGE. YOU MAY NOT SELL, TRADE, OR BARTER YOUR PAWZ CODE. PAWZ RESERVES THE RIGHT TO DEACTIVATE OR INVALIDATE ANY PAWZ CODE AT ANY TIME IN PAWZ’S SOLE DISCRETION.

FROM TIME TO TIME, PAWZ MAY OFFER YOU WITH INCENTIVES TO REFER YOUR FRIENDS AND FAMILY TO BECOME NEW USERS OF PAWZ SERVICES (THE “REFERRAL PROGRAM”). THESE INCENTIVES MAY COME IN THE FORM OF PAWZ CREDITS, AND PAWZ MAY SET, CHANGE, DEACTIVATE, OR INVALIDATE THE INCENTIVE TYPES, AMOUNTS, TERMS, RESTRICTIONS, AND QUALIFICATION REQUIREMENTS FOR ANY INCENTIVES IN ITS SOLE DISCRETION AT ANY TIME. YOUR DISTRIBUTION OF PAWZ CODES AND PARTICIPATION IN THE REFERRAL PROGRAM IS SUBJECT TO THIS AGREEMENT AND THE ADDITIONAL PAWZ REFERRAL PROGRAM RULES.

FEES FOR SERVICE PROVIDERS

SERVICE PROVIDERS PROVIDE PET TAXI SERVICES TO A PET OWNER BY AGREEING TO, FOLLOWING THROUGH WITH, AND SATISFACTORILY COMPLETING, A BOOKING.  IF YOU ARE A SERVICE PROVIDER, YOU MUST CONFIRM THE BOOKING BEFORE IT EXPIRES OR THE PET OWNER WILL HAVE NO OBLIGATION TO COMPLETE THE TRANSACTION.  ONCE THE BOOKING IS COMPLETED BY BOTH PARTIES, YOU AGREE TO HONOR THE PRICE SET FORTH IN YOUR BOOKING. THE PURCHASE OF PET TAXI SERVICES IS A TRANSACTION BETWEEN THE PET OWNER AND THE SERVICE PROVIDER.  THE ROLE OF PAWZ IS TO FACILITATE PAYMENTS FROM PET OWNERS TO SERVICE PROVIDERS AS AN AGENT FOR THE SERVICE PROVIDER. WE COLLECT PAYMENT FROM THE PET OWNER AT THE END OF EVERY SERVICE AND (EXCEPT TO THE EXTENT OF ANY PAYMENT HOLD) REMIT PAYMENT TO THE SERVICE PROVIDER’S ACCOUNT WITHIN A SPECIFIED TIMEFRAME AFTER COMPLETION OF THE SERVICE.  SERVICE PROVIDERS ARE CHARGED A PLATFORM FEE WHICH WE DEDUCT BEFORE REMITTING PAYMENT TO SERVICE PROVIDERS. A PLATFORM FEE IS CALCULATED AS A PERCENTAGE OF THE FEES A PET OWNER AGREES TO PAY IN A BOOKING.

SERVICE PROVIDER REPRESENTATIONS, WARRANTIES AND AGREEMENTS

BY PROVIDING SERVICES AS A PAWZ PRO (“DRIVER”), YOU REPRESENT, WARRANT, AND AGREE THAT:

YOU POSSESS A VALID DRIVER’S LICENSE AND ARE AUTHORIZED AND MEDICALLY FIT TO OPERATE A MOTOR VEHICLE AND HAVE ALL APPROPRIATE LICENSES, APPROVALS AND AUTHORITY TO PROVIDE TRANSPORTATION TO PETS IN ALL JURISDICTIONS IN WHICH YOU PROVIDE SERVICES.

YOU OWN, OR HAVE THE LEGAL RIGHT TO OPERATE, THE VEHICLE YOU USE WHEN PROVIDING SERVICES, AND SUCH VEHICLE IS IN GOOD OPERATING CONDITION AND MEETS THE INDUSTRY SAFETY STANDARDS AND ALL APPLICABLE STATUTORY AND STATE DEPARTMENT OF MOTOR VEHICLE REQUIREMENTS FOR A VEHICLE OF ITS KIND.

YOU WILL NOT ENGAGE IN RECKLESS BEHAVIOR WHILE DRIVING, DRIVE UNSAFELY, OPERATE A VEHICLE THAT IS UNSAFE TO DRIVE, PERMIT AN UNAUTHORIZED THIRD PARTY TO ACCOMPANY YOU IN THE VEHICLE WHILE PROVIDING SERVICES, PROVIDE SERVICES AS A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, OR TAKE ACTION THAT HARMS OR THREATENS TO HARM THE SAFETY OF THE PAWZ COMMUNITY OF PETS OR THIRD PARTIES.

YOU WILL ONLY PROVIDE SERVICES USING THE VEHICLE THAT HAS BEEN REPORTED TO, AND APPROVED BY PAWZ, AND YOU WILL NOT TRANSPORT MORE PETS THAN CAN SECURELY BE SEATED IN SUCH VEHICLE (AND NO MORE THAN FOUR (4) PETS IN ANY INSTANCE).

YOU WILL NOT, WHILE PROVIDING THE SERVICES, OPERATE AS A PUBLIC OR COMMON CARRIER OR TAXI SERVICE, ACCEPT STREET HAILS, CHARGE FOR RIDES (EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT), DEMAND THAT A RIDER PAY IN CASH, OR USE A CREDIT CARD READER, SUCH AS A SQUARE READER, TO ACCEPT PAYMENT OR ENGAGE IN ANY OTHER ACTIVITY IN A MANNER THAT IS INCONSISTENT WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT.

YOU WILL NOT ATTEMPT TO DEFRAUD PAWZ OR PAWZ RIDERS IN CONNECTION WITH YOUR PROVISION OF SERVICES. IF WE SUSPECT THAT YOU HAVE ENGAGED IN FRAUDULENT ACTIVITY WE MAY WITHHOLD APPLICABLE FARES OR OTHER PAYMENTS FOR THE RIDE(S) OR SERVICE(S) IN QUESTION, AND AT OUR SOLE DISCRETION, TERMINATE YOUR AGREEMENT WITH US AS A SERVICE PROVIDER.

YOU AGREE THAT WE MAY OBTAIN INFORMATION ABOUT YOU, INCLUDING YOUR CRIMINAL AND DRIVING RECORDS, AND YOU AGREE TO PROVIDE ANY FURTHER NECESSARY AUTHORIZATIONS TO FACILITATE OUR ACCESS TO SUCH RECORDS DURING THE TERM OF THE AGREEMENT.

YOU HAVE A VALID POLICY OF COMMERCIAL LIABILITY INSURANCE (IN COVERAGE AMOUNTS CONSISTENT WITH ALL APPLICABLE LEGAL REQUIREMENTS) THAT NAMES OR SCHEDULES YOU FOR THE OPERATION OF THE VEHICLE YOU USE TO PROVIDE SERVICES.  ADDITIONALLY, YOU MAINTAIN IN FULL FORCE AND EFFECT THE REQUIRED MANDATORY INSURANCES IN SUCH FORM AND AMOUNTS AS SPECIFIED IN THE INDEPENDENT CONTRACTOR AGREEMENT.

YOU WILL PAY ALL APPLICABLE FEDERAL, STATE AND LOCAL TAXES BASED ON YOUR PROVISION OF SERVICES AND ANY PAYMENTS RECEIVED BY YOU.  FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR PAYING ALL REQUIRED SOCIAL SECURITY AND/OR MEDICARE, STATE AND FEDERAL UNEMPLOYMENT INSURANCE CONTRIBUTIONS, DISABILITY INSURANCE, WORKMAN’S COMPENSATION INSURANCE, PERSONAL LIABILITY AND PROFESSIONAL LIABILITY INSURANCE PREMIUMS, VEHICLE INSURANCE PREMIUMS, AND/OR ANY AND ALL OTHER REQUIRED FEDERAL, STATE, AND LOCAL PAYMENTS.

CANCELLATIONS AND REFUNDS

CANCELLATIONS BY SERVICE PROVIDER:  IF A SERVICE PROVIDER CANCELS A BOOKING PRIOR TO THE SERVICE PERIOD IDENTIFIED IN THE BOOKING, WE WILL REFUND THE FEES PAID BY THE PET OWNER FOR PET CARE SERVICES NOT PROVIDED, AS WELL AS ANY SERVICE CHARGE PAID TO PAWZ.  SERVICE PROVIDER CANCELLATIONS ARE TAKEN SERIOUSLY. IF YOU ARE A SERVICE PROVIDER, YOU ACKNOWLEDGE THAT CANCELLATION BY YOU MAY RESULT IN A REVIEW OF YOUR ACCOUNT AND, IF WE DEEM IT APPROPRIATE, SUSPENSION OR TERMINATION OF YOUR ACCESS TO PAWZ SERVICES.

ADDITIONAL CHARGES  

IF A BOOKING IS CANCELLED BY A SERVICE PROVIDER AFTER THEY HAVE ARRIVED AND DUE TO THE PET OWNER’S FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION REGARDING THE PET, OR DUE TO THE PET’S AGGRESSIVE BEHAVIOR, OR THE SERVICE PROVIDER BEING UNABLE TO ACCESS YOUR PROPERTY OR PET, THE PET OWNER IS RESPONSIBLE FOR THE FULL COST OF THE BASE FARE.  

IF A PET OWNER CANCELS A BOOKING ONCE THE PET TAXI PROVIDER HAS ACCEPTED AND IS ON THEIR WAY TO THE SERVICE CALL, THE PET OWNER WILL BE CHARGED FOR THE FULL COST OF THE BASE FARE.

PAYMENT DISPUTES

ONCE A BOOKING HAS BEEN COMPLETED AND PAWZ HAS PROVIDED DISBURSEMENT TO SERVICE PROVIDER, ANY FURTHER PAYMENT DISPUTES ARE BETWEEN THE PET OWNER AND SERVICE PROVIDER, AND PAWZ HAS NO OBLIGATION TO MEDIATE OR FACILITATE ANY RESOLUTION.  FURTHER, PAWZ HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY TIPS, BONUSES, OR OTHER PAYMENTS MADE OUTSIDE OF THE SERVICE.

PAYMENT HOLDS

IF YOU ARE A SERVICE PROVIDER, WE MAY ISSUE A HOLD ON AMOUNTS OTHERWISE PAYABLE TO YOU, AT PAWZ’S SOLE DISCRETION.  WE MAY ALSO RECOMMEND THAT THIRD PARTY PAYMENT SERVICE PROVIDERS RESTRICT YOUR ACCESS TO FUNDS IN YOUR ACCOUNT UNDER THE SAME CIRCUMSTANCES.

AUTHORIZATION TO CHARGE

WHEN YOU PAY PAWZ FOR PET TAXI SERVICES, YOU WILL BE REQUIRED TO PROVIDE US WITH VALID, UP-TO-DATE CREDIT CARD OR OTHER PAYMENT INFORMATION. YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD FOR FEES YOU INCUR AS THEY BECOME DUE AND PAYABLE. YOU ARE RESPONSIBLE FOR MAINTAINING UP-TO-DATE PAYMENT INFORMATION. IF WE CANNOT CHARGE YOU FOR FEES WHEN DUE BECAUSE YOUR PAYMENT INFORMATION IS NO LONGER VALID, OR IF WE DO NOT RECEIVE YOUR PAYMENT WHEN DUE, THEN YOU UNDERSTAND THAT NEITHER PAWZ NOR THE SERVICE PROVIDER WILL BE RESPONSIBLE FOR ANY FAILURE TO PROVIDE SERVICES ASSOCIATED WITH THOSE FEES.  EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL FEES PAID ARE NON-REFUNDABLE ONCE PAID. IN THE EVENT A PET TAXI SERVICE FEE IS NOT PAID AS BILLED AT TIME OF SERVICE FOR ANY REASON WHATSOEVER, PAWZ RESERVES THE RIGHT TO UTILIZE ANY LEGAL METHOD AVAILABLE, INCLUDING DEBT COLLECTION SERVICES, FOR PAYMENT COLLECTION AND SUCH COLLECTION PROCESS MAY RESULT IN NEGATIVE CREDIT RATINGS TO PET OWNER.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE TO PAY ANY TAXES THAT ARISE AS A RESULT OF YOUR PURCHASE, PROVISION, OR USE OF PAWZ SERVICES.  THIS INCLUDES, WITHOUT LIMITATION, ANY FORM OF SALES TAX OR INCOME TAX ON FEES PAID FOR SERVICES.

MOBILE COMMUNICATIONS

THE SERVICES INCLUDE FUNCTIONALITY THAT IS AVAILABLE VIA A MOBILE DEVICE ("MOBILE FUNCTIONALITY"). FOR EXAMPLE, MOBILE FUNCTIONALITY ALLOWS FOR COMMUNICATIONS BETWEEN USERS AND PET TAXI PROVIDERS BY MOBILE APP, PHONE CALL AND SMS MESSAGING. TO THE EXTENT YOU ACCESS THE SERVICES THROUGH A MOBILE DEVICE, YOUR WIRELESS SERVICE CARRIER'S STANDARD CHARGES, DATA RATES AND OTHER FEES MAY APPLY. IN ADDITION, DOWNLOADING, INSTALLING OR USING CERTAIN MOBILE FUNCTIONALITY MAY BE PROHIBITED OR RESTRICTED BY YOUR CARRIER, AND NOT ALL MOBILE FUNCTIONALITY MAY WORK WITH ALL CARRIERS OR DEVICES. CERTAIN INFORMATION ABOUT YOUR USAGE OF THE MOBILE FUNCTIONALITY MAY BE COMMUNICATED TO PAWZ. FOR EXAMPLE, PAWZ MAY RECEIVE CALL DATA, INCLUDING THE DATE AND TIME OF THE CALL OR SMS MESSAGE, THE PARTIES' PHONE NUMBERS, AND THE CONTENT OF THE SMS MESSAGE, AND RESERVES THE RIGHT TO MONITOR ALL SUCH INFORMATION. PLEASE NOTE, PAWZ RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR CALLS BETWEEN USERS AND PET TAXI PROVIDERS. BY PROVIDING YOUR MOBILE PHONE NUMBER, YOU AGREE THAT PAWZ MAY COMMUNICATE WITH YOU USING ANY MEANS OF COMMUNICATION INCLUDING CALLS PLACED TO YOUR MOBILE PHONE USING AN AUTOMATED DIALING DEVICE, CALLS USING PRE-RECORDED MESSAGES AND/OR SMS, MMS, TEXT MESSAGE REGARDING YOUR ACCOUNT. IN THE EVENT YOU CHANGE OR DEACTIVATE YOUR MOBILE TELEPHONE NUMBER, YOU AGREE TO PROMPTLY UPDATE YOUR PAWZ ACCOUNT INFORMATION TO ENSURE THAT YOUR MESSAGES ARE NOT SENT TO THE PERSON THAT ACQUIRES YOUR OLD NUMBER.

PAWZ INTELLECTUAL PROPERTY

PAWZ ALONE (AND ITS LICENSORS, WHERE APPLICABLE) SHALL OWN ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SERVICES AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, PHOTOGRAPHS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU, YOUR PET, OR ANY OTHER PARTY RELATING TO THE SERVICES. THESE TERMS ARE NOT A SALE AND DOES NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICES, SOFTWARE, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY PAWZ. THE PAWZ NAME, PAWZ LOGO, SOFTWARE, AND THE PRODUCT NAMES ASSOCIATED WITH THE SERVICES ARE TRADEMARKS OF PAWZ OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO YOU TO USE THEM.

COPYRIGHT

YOU MAY HAVE HEARD OF THE DIGITAL MILLENNIUM COPYRIGHT ACT (THE "DMCA"), AS IT RELATES TO ONLINE SERVICE PROVIDERS, LIKE PAWZ, BEING ASKED TO REMOVE MATERIAL THAT ALLEGEDLY VIOLATES SOMEONE'S COPYRIGHT. WE RESPECT OTHERS' INTELLECTUAL PROPERTY RIGHTS, AND WE RESERVE THE RIGHT TO DELETE OR DISABLE CONTENT ALLEGED TO BE INFRINGING, AND TO TERMINATE THE ACCOUNTS OF REPEAT ALLEGED INFRINGERS; TO REVIEW OUR COMPLETE COPYRIGHT DISPUTE POLICY AND LEARN HOW TO REPORT POTENTIALLY INFRINGING CONTENT, PLEASE EMAIL US AT  SUPPORT@WEFETCHPETS.COM.

USER CONTENT

ANYTHING YOU POST, UPLOAD, SHARE, STORE, OR OTHERWISE PROVIDE THROUGH THE SERVICES IS YOUR "USER SUBMISSION." SOME USER SUBMISSIONS ARE VIEWABLE BY OTHER USERS. IN ORDER TO DISPLAY YOUR USER SUBMISSIONS ON THE SERVICES, AND TO ALLOW OTHER USERS TO ENJOY THEM (WHERE APPLICABLE), YOU GRANT US CERTAIN RIGHTS IN THOSE USER SUBMISSIONS. PLEASE NOTE THAT ALL OF THE FOLLOWING LICENSES ARE SUBJECT TO OUR PRIVACY POLICY TO THE EXTENT THEY RELATE TO USER SUBMISSIONS THAT ARE ALSO YOUR PERSONALLY-IDENTIFIABLE INFORMATION.

FOR ALL USER SUBMISSIONS, YOU HEREBY GRANT PAWZ A LICENSE TO TRANSLATE, MODIFY (FOR TECHNICAL PURPOSES, FOR EXAMPLE MAKING SURE YOUR CONTENT IS VIEWABLE ON AN IPHONE AS WELL AS A COMPUTER) AND REPRODUCE AND OTHERWISE ACT WITH RESPECT TO SUCH USER SUBMISSIONS, IN EACH CASE TO ENABLE US TO OPERATE THE SERVICES, AS DESCRIBED IN MORE DETAIL BELOW. THIS IS A LICENSE ONLY – YOUR OWNERSHIP IN USER SUBMISSIONS IS NOT AFFECTED.

IF YOU STORE A USER SUBMISSION IN YOUR OWN PERSONAL PAWZ ACCOUNT, IN A MANNER THAT IS NOT VIEWABLE BY ANY OTHER USER EXCEPT YOU (A "PERSONAL USER SUBMISSION"), YOU GRANT PAWZ THE LICENSE ABOVE, AS WELL AS A LICENSE TO DISPLAY, PERFORM, AND DISTRIBUTE YOUR PERSONAL USER SUBMISSION FOR THE SOLE PURPOSE OF MAKING THAT PERSONAL USER SUBMISSION ACCESSIBLE TO YOU AND PROVIDING THE SERVICES NECESSARY TO DO SO.

IF YOU SHARE A USER SUBMISSION ONLY IN A MANNER THAT ONLY CERTAIN SPECIFIED USERS CAN VIEW (FOR EXAMPLE, A PRIVATE MESSAGE TO ONE OR MORE OTHER USERS) (A "LIMITED AUDIENCE USER SUBMISSION"), THEN YOU GRANT PAWZ THE LICENSES ABOVE, AS WELL AS A LICENSE TO DISPLAY, PERFORM, AND DISTRIBUTE YOUR LIMITED AUDIENCE USER SUBMISSION FOR THE SOLE PURPOSE OF MAKING THAT LIMITED AUDIENCE USER SUBMISSION ACCESSIBLE TO SUCH OTHER SPECIFIED USERS, AND PROVIDING THE SERVICES NECESSARY TO DO SO. ALSO, YOU GRANT SUCH OTHER SPECIFIED USERS A LICENSE TO ACCESS THAT LIMITED AUDIENCE USER SUBMISSION, AND TO USE AND EXERCISE ALL RIGHTS IN IT, AS PERMITTED BY THE FUNCTIONALITY OF THE SERVICES.

IF YOU SHARE A USER SUBMISSION PUBLICLY ON THE SERVICES AND/OR IN A MANNER THAT MORE THAN JUST YOU OR CERTAIN SPECIFIED USERS CAN VIEW (A "PUBLIC USER SUBMISSION"), THEN YOU GRANT PAWZ THE LICENSES ABOVE, AS WELL AS A LICENSE TO DISPLAY, PERFORM, AND DISTRIBUTE YOUR PUBLIC USER SUBMISSION FOR THE PURPOSE OF MAKING THAT PUBLIC USER SUBMISSION ACCESSIBLE TO ALL PAWZ USERS AND PROVIDING THE SERVICES NECESSARY TO DO SO, AS WELL AS ALL OTHER RIGHTS NECESSARY TO USE AND EXERCISE ALL RIGHTS IN THAT PUBLIC USER SUBMISSION IN CONNECTION WITH THE SERVICES FOR ANY PURPOSE. ALSO, YOU GRANT ALL OTHER USERS OF THE SERVICES A LICENSE TO ACCESS THAT PUBLIC USER SUBMISSION, AND TO USE AND EXERCISE ALL RIGHTS IN IT, AS PERMITTED BY THE FUNCTIONALITY OF THE SERVICES.

YOU AGREE THAT THE LICENSES YOU GRANT ARE ROYALTY-FREE, PERPETUAL, SUBLICENSEABLE, IRREVOCABLE, AND WORLDWIDE.

FINALLY, YOU UNDERSTAND AND AGREE THAT PAWZ, IN PERFORMING THE REQUIRED TECHNICAL STEPS TO PROVIDE THE SERVICES TO OUR USERS (INCLUDING YOU), MAY NEED TO MAKE CHANGES TO YOUR USER SUBMISSIONS TO CONFORM AND ADAPT THOSE USER SUBMISSIONS TO THE TECHNICAL REQUIREMENTS OF CONNECTION NETWORKS, DEVICES, SERVICES, OR MEDIA, AND THE FOREGOING LICENSES INCLUDE THE RIGHTS TO DO SO.


 

THIRD PARTY INTERACTIONS

DURING YOUR USE OF THE SERVICES, YOU MAY ENTER INTO CORRESPONDENCE WITH, PURCHASE GOODS AND/OR SERVICES FROM, OR PARTICIPATE IN PROMOTIONS OF THIRD-PARTY SERVICE PROVIDERS, ADVERTISERS OR SPONSORS SHOWING THEIR GOODS AND/OR SERVICES THROUGH THE SERVICES. ANY SUCH ACTIVITY, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITY, IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY. PAWZ AND ITS LICENSORS SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH CORRESPONDENCE, PURCHASE, TRANSACTION OR PROMOTION BETWEEN YOU AND ANY SUCH THIRD-PARTY. PAWZ DOES NOT ENDORSE ANY SITES ON THE INTERNET THAT ARE LINKED THROUGH THE SERVICES AND, IN NO EVENT SHALL PAWZ OR ITS LICENSORS BE RESPONSIBLE FOR ANY CONTENT, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR THIRD-PARTY PROVIDERS. YOU RECOGNIZE THAT CERTAIN THIRD-PARTY PROVIDERS OF GOODS AND/OR SERVICES MAY REQUIRE YOUR AGREEMENT TO ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS PRIOR TO YOUR USE OF OR ACCESS TO SUCH GOODS OR SERVICES, AND PAWZ DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY ARISING FROM SUCH AGREEMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS.

PAWZ MAY RELY ON THIRD PARTY ADVERTISING AND MARKETING SUPPLIED THROUGH THE SERVICES AND OTHER MECHANISMS TO SUBSIDIZE THE SERVICES. BY AGREEING TO THESE TERMS AND CONDITIONS YOU AGREE TO RECEIVE SUCH ADVERTISING AND MARKETING.  YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH THROUGH THE SERVICES.

INDEMNIFICATION

BY ENTERING INTO THESE TERMS AND USING THE SERVICES, YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY AND HOLD PAWZ, ITS LICENSORS AND EACH SUCH PARTY'S PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, PET TAXI SERVICE PROVIDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, ASSIGNS, REPRESENTATIVES, AND/OR AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR TRANSACTIONS AND INTERACTIONS, ONLINE OR OFFLINE, WITH OTHER USERS OF PAWZ SERVICES;

  • YOUR VIOLATION OR BREACH OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN;

  • YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING PET TAXI SERVICE PROVIDERS;

  • THE ACTIONS OF YOUR PETS INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE OR PERSONAL INJURY OR DEATH TO THIRD PARTIES CAUSED BY YOUR PET OR PETS;

  • YOUR CONTENT;

  • YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW;

  • YOUR USE OR MISUSE OF THE SERVICES.

YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

DISCLAIMER OF WARRANTIES

PAWZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. PAWZ DOES NOT REPRESENT OR WARRANT THAT:

A. THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,

B. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,

C. ANY STORED DATA WILL BE ACCURATE OR RELIABLE,

D. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,

E. ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR

F. THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PAWZ. PAWZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INTERNET & COMMUNICATION DELAYS

PAWZ'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC AND MOBILE PHONE COMMUNICATIONS. PAWZ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

LIMITATION OF LIABILITY

PAWZ SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PAWZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAWZ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PET TAXI PROVIDER, EVEN IF PAWZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAWZ SHALL NOT BE LIABLE IN THE EVENT A PET DIES, BECOMES ILL, INJURED, OR LOST.   PAWZ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PAWZ'S REASONABLE CONTROL. IN NO EVENT SHALL PAWZ'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500.00).

PAWZ'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET TAXI SERVICES WITH PET TAXI PROVIDERS, BUT YOU AGREE THAT PAWZ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET TAXI SERVICES PROVIDED TO YOU BY PET TAXI PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.  ALSO, WITH REGARD TO TRANSPORTATION OF YOUR PET, PAWZ DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. PAWZ IS NOT A COMMON CARRIER OR PUBLIC CARRIER. IT IS UP TO YOU TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE, OR USE ANY SERVICES CONTACTED THROUGH PAWZ. WE CANNOT ENSURE THAT ANY SERVICE WILL BE COMPLETED.  WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF THE TRANSPORTATION USED OR SERVICES PERFORMED.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

NOTICE

PAWZ MAY GIVE NOTICE BY MEANS OF A GENERAL NOTICE ON THE SERVICES VIA MOBILE APPLICATION, ELECTRONIC MAIL TO YOUR EMAIL ADDRESS ON RECORD IN PAWZ'S ACCOUNT INFORMATION, OR BY WRITTEN COMMUNICATION SENT BY FIRST CLASS MAIL OR PRE-PAID POST TO YOUR ADDRESS ON RECORD IN PAWZ'S ACCOUNT INFORMATION. SUCH NOTICE SHALL BE DEEMED TO HAVE BEEN GIVEN UPON THE EXPIRATION OF 48 HOURS AFTER SENDING.

ASSIGNMENT

THESE TERMS MAY NOT BE ASSIGNED BY YOU WITHOUT THE PRIOR WRITTEN APPROVAL OF PAWZ BUT MAY BE ASSIGNED WITHOUT YOUR CONSENT BY PAWZ TO:

I. A PARENT OR SUBSIDIARY

II. AN ACQUIRER OF ASSETS

III. A SUCCESSOR BY MERGER

ANY PURPORTED ASSIGNMENT IN VIOLATION OF THIS SECTION SHALL BE VOID.

 

TERM AND TERMINATION OF TERMS

THESE TERMS ARE EFFECTIVE UPON THE USE OF THE SERVICES. YOU OR PAWZ MAY TERMINATE YOUR PARTICIPATION IN THE SERVICES AT ANY TIME, FOR ANY REASON OR FOR NO REASON WHATSOEVER, AND PAWZ MAY PROHIBIT YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION. THESE TERMS, AND ANY SUBSEQUENT MODIFICATION OF THESE TERMS, SHALL REMAIN IN EFFECT AT ALL TIMES AFTER YOU OR PAWZ TERMINATE YOUR PARTICIPATION OR ACCESS TO THE SERVICES.

GENERAL

THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO THE CHOICE OR CONFLICTS OF LAW PROVISIONS OF ANY JURISDICTION.

YOU AND PAWZ AGREE THAT ANY LEGAL DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING BUT NOT LIMITED TO THE USE OF THE SERVICES, OR THE INTERPRETATION, ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THE TERMS, OR THE ARBITRABILITY OF ANY DISPUTE), THAT CANNOT BE RESOLVED INFORMALLY SHALL BE SUBMITTED TO BINDING ARBITRATION IN FLORIDA. THE ARBITRATION SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, OR AS OTHERWISE MUTUALLY AGREED BY YOU AND PAWZ. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. CLAIMS SHALL BE BROUGHT WITHIN THE TIME REQUIRED BY APPLICABLE LAW. YOU AND PAWZ AGREE THAT ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU, PAWZ OR ANY THIRD-PARTY PROVIDER AS A RESULT OF THESE TERMS OR USE OF THE SERVICES OR SOFTWARE.

IF ANY PROVISION OF THE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK AND THE REMAINING PROVISIONS SHALL BE ENFORCED TO THE FULLEST EXTENT UNDER LAW.

THE FAILURE OF PAWZ TO ENFORCE ANY RIGHT OR PROVISION IN THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION UNLESS ACKNOWLEDGED AND AGREED TO BY PAWZ IN WRITING.

THESE TERMS COMPRISE THE ENTIRE AGREEMENT BETWEEN YOU AND PAWZ AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS NEGOTIATIONS, DISCUSSIONS OR TERMS, WHETHER WRITTEN OR ORAL, BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER CONTAINED HEREIN.

ADDITIONAL TERMS

THESE TERMS APPLY TO YOUR USE OF ALL THE SERVICES, INCLUDING BUT NOT LIMITED TO THE APPLICATIONS AVAILABLE VIA THE PAWZ MOBILE APPLICATION, THE PAWZ PROS MOBILE APPLICATION, OR SIMILAR (THE "APPLICATION"), BUT THE FOLLOWING ADDITIONAL TERMS ALSO APPLY TO THE APPLICATION:

(A) BOTH YOU AND PAWZ ACKNOWLEDGE THAT THE TERMS ARE CONCLUDED BETWEEN YOU AND PAWZ ONLY, AND PAWZ IS NOT RESPONSIBLE FOR THE APPLICATION OR THE CONTENT;

(B) THE APPLICATION IS LICENSED TO YOU ON A LIMITED, NON-EXCLUSIVE, NON-TRANSFERRABLE, NON-SUBLICENSABLE BASIS, SOLELY TO BE USED IN CONNECTION WITH THE SERVICES FOR YOUR USE, SUBJECT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS AS THEY ARE APPLICABLE TO THE SERVICES;

(C) YOU WILL ONLY USE THE APPLICATION IN CONNECTION WITH A MOBILE DEVICE OR COMPUTER THAT YOU OWN OR CONTROL;

(D) YOU ACKNOWLEDGE AND AGREE THAT PAWZ HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE, SUPPORT SERVICES, OR WARRANTY WITH RESPECT TO THE APPLICATION;

(E) YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A "TERRORIST SUPPORTING" COUNTRY, AND THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES;

(F) BOTH YOU AND PAWZ ACKNOWLEDGE AND AGREE THAT, IN YOUR USE OF THE APPLICATION, YOU WILL COMPLY WITH ANY APPLICABLE THIRD-PARTY TERMS OF AGREEMENT WHICH MAY AFFECT OR BE AFFECTED BY SUCH USE; AND

(G) IN THE EVENT YOU USE THE APPLICATION TO PROVIDE YOU WITH REAL-TIME ROUTE GUIDANCE, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.