Terms Of Service

Effective: January 14th, 2023

PLEASE READ THESE TERMS CAREFULLY. SECTION 17 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND SECTION 19 INCLUDES A CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.

1. Acceptance of Terms; Modifications.

These Terms of Service (the “Terms”) are a binding legal agreement between you and Snobby Tails LLC., a company incorporated under the laws of Maryland with a registered office at 18310 Montgomery Village Ave, Gaithersburg, MD 20879. The Terms govern your use of our software applications, resources and services for pet owners  and to arrange for the provision of pet care services, and any other services or products we may offer from time to time. The Terms govern all use of the Snobby Tails, whether you access it from our website at https://www.snobbytails.com (including any subdomain or localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. All policies applicable to your use of our Services are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING SNOBBY TAILS SERVICES WITHOUT AN ACCOUNT, 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 ROVER SERVICE.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on Snobby Tails website, unless otherwise required by applicable law. Your continued access and use of the Snobby Tails Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Snobby Tails Service.

2.1 Nature of Snobby Tails Services. Snobby Tails  Services consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) can use to communicate, interact and book services. Snobby Tails Services includes our emergency support services, educational materials for Service Providers, and other services. 

2.2 Snobby Tails services consist of: boarding, pet sitting, dog walking, house sitting, grooming, training and various other services not listed. Pet owners are responsible for keeping records of  their pet’s vaccinations, shots and medical history on hand in case it is requested.

2.3 Release. Subject to Section 16 below, Snobby Tails has no liability for any claims, injuries, loss, harm and/or damages arising from any services that were provided to your pet. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial obligations Snobby Tails may have to its users in connection with user conduct are at the sole discretion of the owner of the business.)

2.4 Transactions are between Pet Owners and Snobby Tails. All transactions are conducted via the Snobby Tails website unless agreed upon with the owner to be paid in another form of payment not offered on the website. You agree that Snobby Tails has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of Snobby Tails.

2.5 Bookings. Pet Owners and Snobby Tails will transact until they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Care Services via the booking mechanism provided on the website snobbytails.com. A Booking is initiated by a Pet Owner by selecting the type(s) of Pet Care Services to be provided and then following the prompts that appear on-screen. If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services described in the Booking when you click “Request to book.”. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. If an Invoice has to be sent Snobby Tails agrees to honor the price and other terms of that Invoice, as acknowledged in the Booking confirmation.

2.6 Pet Owners are Solely responsible for providing everything needed to make thier pet comfortable during services such as: Boarding & House Sitting. Snobby Tails will provide everything thats needed for services such as: Training & Grooming only. At anytime, Pet Owners may request a meet & greet which requires a $25 deposit that will be applied to any service booked after. 

2.7 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet after the service period identified in a Booking agree that it's Snobby Tails sole discretion, to place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owners agrees to reimburse Snobby Tails for all costs and expenses associated with such actions. Further, Snobby Tails expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from care should Snobby Tails deem it necessary for the safety of a pet, the Service Provider, or any persons associated with the Service Provider. Prior to removing a pet from the care of a Service Provider, Snobby Tails will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Snobby Tails not be able to contact the Pet Owner or the emergency contact, Snobby Tails will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Snobby Tails in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Snobby Tails in connection with such transfer.

2.8 Emergencies. We recommend that Pet Owners leave their veterinary's contact information where they can be reached in the event medical care for a pet becomes necessary. Snobby Tails agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Snobby Tails at the applicable telephone number or email address listed in the table at the end of these Terms. If you are a Pet Owner, you hereby authorize your Service Provider and Snobby Tails 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 Snobby Tails. If your Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Service Provider and Snobby Tails for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available under the Snobby Tails. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Snobby Tails to charge your credit card or other payment method for such costs. In certain circumstances, a Pet Owner may be eligible for reimbursement under the Snobby Tails. Rover recommends that all users have adequate pet insurance to cover the costs of veterinary care.

2.9 Consultation Services. Snobby Tails may offer Pet Owners and Service Providers phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the Snobby Tails Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third party consultation service in the event of any claims arising from their services.

2.10 Google Maps. Use of the Snobby TailsService requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using the Snobby Tails Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from Snobby Tails Service.

3. Certification of Compliance with Applicable Law.

By accessing and using Snobby Tails Services, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, Snobby Tails Service.

  • For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you).
  • For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to provide Pet Care Services legally; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.

You acknowledge that Snobby Tails is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

4. Use of Snobby Tails Services; Suspension.

4.1 Your Conduct on Snobby Tails Services. When you use Snobby Tails Services, you agree:

  • To use Snobby Tails Services only in a lawful manner and only for its intended purposes.
  • Not to use Snobby Tails services to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
  • Not to submit viruses or other malicious code to or through Snobby Tails Services.
  • Not to use Snobby Tails Services, or engage with other users of Snobby Tails Service, for purposes that violate the law.
  • Not to use Snobby Tails Services to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of Snobby Tails Services.
  • Not to use the Snobby Tails Services for purposes of competing with Snobby Tails or to promote other products or services.
  • Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
  • Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
  • Not to post “spam” or other unauthorized commercial communications.
  • To use Snobby Tails Services only for your own purposes, and not to impersonate any other person.
  • Not to transfer or authorize the use of your account for Snobby Tails Services by any other person, or to engage in fraudulent transactions.
  • Not to provide false information in your profile on, or registration for, Snobby Tails Services, or to create multiple or duplicate accounts.
  • Not to interfere with our provision of, or user’s use of, Snobby Tails Services.
  • Not to solicit another user’s username or password for Snobby Tails Service or any other sensitive personal information, including bank details.

4.2 Suspension and Termination. You understand and agree that we have no obligation to provide Snobby Tails Services in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to Snobby Tails Services: (1) if in our discretion your conduct on the Site or Snobby Tails Services is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect Snobby Tails, its users, pets, or the public. You may suspend or terminate your use of  Snobby Tails services at any time and for any reason. If you wish to deactivate your account, please contact Snobby Tails. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.

5. Registration; Account Security.

In order to use some aspects of Snobby Tails Services, you will be required to create a username, password, and user profile. If you elect to use Snobby Tails Services, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Snobby Tails suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for Snobby Tails services and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

6. Privacy.

Our collection and use of your personal information on the Snobby Tails Services is described in our Privacy Statement. By accessing or using the Snobby Tails Services, you acknowledge that you have read and understand the Privacy Statement.

7. Your Content.

7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Snobby Tails Services or otherwise in connection with using the Snobby Tails Services and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.

7.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Snobby Tails an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting Snobby Tails Services, and to sublicense these rights to third parties.

7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Snobby Tails and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.

7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content; (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Snobby Tails Services. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

7.6 Reviews. Snobby Tails Services may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Snobby Tails has no obligation to preserve or indefinitely store any reviews. We have no obligation to provide you with the content of any reviews about you submitted by other users of the Snobby Tails Services, whether before or after deactivation of your account for the Snobby Tails Services. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Snobby Tails Services at any time.

8. Phone, Text and Mobile Communications.

8.1 Consent to Text Messages and Other Communications. This section 8.1 applies only to users in the United States. You consent to receive from or on behalf of Snobby Tails communications containing service information (including technical notices, updates, security alerts and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, over-the-top messaging platforms (such as WhatsApp), and other electronic means, at any phone number or email address you provide in connection with your account, even if your phone number is on the national or any state’s do-not-call registry. Your carrier's normal messaging, data and other rates and fees may apply to these communications. You are not required to provide this consent to receive autodialed sales, marketing, or advertising messages as a condition of purchasing anything or using Snobby Tails Services, and you may opt-out of receiving such messages at any time as described in our Privacy Statement (though you may continue to receive messages while Snobby Tails processes your request).

8.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your Snobby Tails account information promptly to ensure that messages are not sent to the person who acquires your old number.

9. Fees & Payment. 

9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, Snobby Tails Services are listed and payable in local currency.

9.2 Fees for Pet Owners. Pet Owners may purchase Pet Care Services by completing a Booking as described in Section 2.5. If you are a Pet Owner, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total amount indicated in the Booking. Where required by law, the amount charged will be inclusive of applicable taxes. 

9.3 Fees for Service Providers. Service Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires. The service provider will be charged a % of the transaction between them and a pet owner decided by Snobby Tails.

9.4 Service Fees. We charge service fees for some aspects of the Snobby Tails Service. If you are a Service Provider, except where otherwise specified via Snobby Tails Services, our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay to you in a Booking and is collected from each Booking.

9.5 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Snobby Tails for, 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 retrieve your pet at the end of the service period agreed in a Booking.

9.6 Cancellations & Refunds.

  • Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during 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 Snobby Tails. If you are a Service Provider, you can appoint a substitute Service Provider (as agreed by the Pet Owner and so long as the substitute has an active account with Snobby Tails services and has agreed in writing to accept a Booking) by contacting Snobby Tails to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, Snobby Tails may deactivate your account.
  • Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will determine if we can refund fees in accordance with Snobby Tails cancellation policy. The pet owner will be charged any fee that Snobby Tails occurs from a bank in the process of a refund. 
  • Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner.
  • General Terms for Cancellations. If you wish to cancel a Booking, you should contact your service provider to do so. For purposes of the policies and terms in this Section 9.6, the date of cancellation is the date that a user cancels through Snobby Tails Services.
  • Payment Disputes; Payment Outside of the Snobby Tails Services. Snobby Tails initiates payments to Service Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and Snobby Tails has no obligation to mediate or facilitate any resolution. Further, Snobby Tails has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Snobby Tails Services.

9.7 Payment Holds. If you are a Service Provider, Snobby Tails reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of Snobby Tails, the Snobby Tails community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.

9.8 Authorization to Charge. When you pay for Pet Care Services or for other services on the Snobby Tails website, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. You authorize us to charge your credit card or other payment method for fees you incur during Snobby Tails Services as they become due and payable, and to charge any alternative payment method Snobby Tails has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. 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 Snobby Tails 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 via Snobby Tails Services are non-refundable once paid.

9.9 Taxes. Except for taxes on Snobby Tails income and gross receipts or where Snobby Tails is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Pet Care Services via Snobby Tails services. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Rover Service.

9.10 Payment Processing. Payment processing services are provided by shopify and subject to the Shopify Services Agreement (available at https://help.shopify.com/en/manual/payments/shopify-payments). You authorize Snobby Tails to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your Shopify Connected Account to facilitate payment related to Pet Care Services you purchase or provide. You further agree to provide accurate and complete information about you and your business, and authorize Snobby Tails to share it and transaction information with Shopify for the purposes of facilitating the payment processing services provided by Shopify. Snobby Tails reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.

10. Background Checks and Identity Verifications.

Snobby Tails may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). Outside of the US and Canada, these services are limited to Identity Verification. We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.

If you undergo a Background Check or Identity Verification via Snobby Tails Services, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Snobby Tails may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Snobby Tails rights and obligations under the Arbitration Agreement (set forth in Section 17, below) inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Snobby Tails reserves the right to suspend or terminate your access to the Snobby Tails Services based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.

 

11. Copyright Infringement.

Snobby Tails follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Snobby Tails Services, please provide our designated copyright agent with a written notice that includes all of the following information:

  • A description of the copyrighted work you believe to have been infringed;
  • A description of the URL or other location on our Site of the material you believe to be infringing;
  • Your name, mailing address, telephone number and email address;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Our designated agent for notice of copyright infringement can be reached at:

Snobby Tails LLC
Attention: Copyright Notice
18310 Montgomery Ave, Gaithersburg MD 20878 
Inquiries@snobbytails.com

12. Third Party Services, Links.

Snobby Tails Services may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

13. Indemnity.

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SNOBBY TAILS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of Snobby Tails Services; (2) breach of these Terms; (3) disputes with other users of Snobby Tails Services; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. 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.

14. Intellectual Property.

14.1 Snobby Tails Services. Snobby Tails and its licensors retain all right, title and interest in and to Snobby Tails services, the technology and software used to provide it, all electronic documentation and content available through Snobby Tails Services (other than Your Content), and all intellectual property and proprietary rights in Snobby Tails Services and such technology, software, documentation and content. Except for your rights to access and use Snobby Tails services set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into Snobby Tails services any feedback or suggestions for improvement that you provide to us concerning the Snobby Tails services, without any obligation of compensation.

14.2 Snobby Tails Trademarks. Snobby Tails owns all rights in and to its trademarks, service marks, brand names and logos. If you are a Service Provider, subject to these Terms, Snobby Tails grants you, for so long as you are in good standing on Snobby Tails Services, a limited, revocable, non-exclusive, non-transferable license to use Snobby Tails Marks solely: (a) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), if any, made available for purchase via Snobby Tails Store and/or (b) in other manners, solely to the extent specifically authorized in writing via Snobby Tails services. As a condition of your use of Snobby Tails Services and the foregoing license, you agree that (1) you have no ownership rights in Snobby Tails Marks and all goodwill associated with your use of Snobby Tails Marks insures solely to the benefit of Snobby Tails, (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Snobby Tails suspends or terminates your rights to use Snobby Tails Services, (3) Snobby Tails may terminate your right to use any and all Snobby Tails Marks at any time for any or no reason in Snobby Tails sole discretion, and (4) you will not adopt or use any Snobby Tails Marks other than as explicitly authorized by Snobby Tails, and you will not use, register, or apply to register the Snobby Tails Marks, the term SNOBBY TAILS, or any other term that includes the term SNOBBY TAILS, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.

15. Warranty Disclaimer for Snobby Tails Services.

The information and materials found on Snobby Tails website, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through Snobby Tails, but not directly by Snobby Tails, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNOBBY TAILS DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON SNOBBY TAILS SERVICES; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ROVER; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN SNOBBY TAILS SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROVER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ROVER SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS PET CARE SERVICES VIA SNOBBY TAILS SERVICES.

16. Limitation of Liability.

16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Snobby Tails be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use Snobby Tails services, including without limitation damages related to any information received from Snobby Tails Services, removal of your profile information or review (or other content) from Snobby Tails Services, any suspension or termination of your access to Snobby Tails Services, or any failure, error, omission, interruption, defect, delay in operation or transmission of Snobby Tails Services, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SNOBBY TAILS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO SNOBBY TAILS SERVICES OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO SNOBBY TAILS (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID SNOBBY TAILS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY). 

16.3 No Liability for non-Snobby Tails Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNOBBY TAILS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH SNOBBY TAILS SERVICES, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH SNOBBY TAILS SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF SNOBBY TAILS SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER, YOU AGREE TO RELEASE SNOBBY TAILS FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL SNOBBY TAILS BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

17. Arbitration Agreement and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, PLEASE SEE SECTION 18.

17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and Snobby Tails (together, the “Parties”) agree that any and all disputes or claims that arise between you and Snobby Tails relating to Snobby Tails Services, these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Snobby Tails arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), and (4) claims that an arbitrator determines cannot be made subject to arbitration as described in Section 17.2 below.

17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and Snobby Tails agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims. If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed and stayed pending arbitration of the remaining claim, cause of action or requested remedy.

17.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SNOBBY TAILS AGREE THAT, 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 SNOBBY TAILS 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 SNOBBY TAILS SERVICES USERS. Notwithstanding any other provision of this Arbitration Agreement or the Rules (as defined in Section 17.5), disputes regarding the interpretation, applicability, or enforceability of this Section 17.3 may be resolved only by a court and not by an arbitrator. In any case in which (a) the dispute is filed as a class, collective, or representative action and (b) there is a final judicial determination that this Section 17.3 is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then: (i) that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and stayed; (ii) this Section 17.3 shall be enforced in arbitration on an individual basis as to all such remaining claims or remedies to the fullest extent possible; and (iii) the stayed claims and/or remedies may be brought in a court of competent jurisdiction after all remaining claims are resolved by the arbitrator.

17.4 Pre-Arbitration Dispute Resolution. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us in writing to explain your complaint through your local Snobby Tails office listed below and give us an opportunity to work with you to resolve it.  Your legal representative, if you have one, may contact us by mail at A Place for Snobby Tails LLC, Attn: Legal, 18310 Montgomery Ave Gaithersburg, MD 20878. Your written complaint must include your name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed. For any dispute that Snobby Tails initiates, a written complaint will be signed by a Snobby Tails representative and sent to the email address associated with your account. If the issue is not resolved within 30 days after receipt of the written complaint, either party may initiate arbitration as specified in section 17.5 “Arbitration Procedures.” 

17.5 Arbitration Procedures.  As used in this Section 17, the applicable arbitration rules described below are referred to collectively as the “Rules”.

In all cases, the arbitrator will decide the substance of all claims in accordance with law as specified in Section 18, below, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall dismiss an arbitration demand on the pleadings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face. The arbitration will be held in the county in which you reside or at another mutually agreed location. 

All Rules, as modified by this Arbitration Agreement, are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator also must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

The arbitrator will not be bound by rulings in prior arbitrations involving different Snobby Tails users, but will be bound by rulings in prior arbitrations involving the same Snobby Tails user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

17.6 Costs of Arbitration. Payment of all filing, administration, case management, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the applicable Rules.  Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. At the end of any arbitration, the arbitrator may award reasonable attorney’s fees and costs or any portion thereof to either party upon determining that the claim, cross-claim, or defense is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law.

17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all Parties.

17.8 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable, provided that if the finding of partial invalidity or unenforceability results in a final determination that the class action waiver set forth in Section 17.3 fails with respect to all of the claims in arbitration, then Section 17 will be unenforceable in its entirety. 

17.9 Opt-Out Procedure. You can choose to reject your agreement to arbitration (Section 17.2) and your waiver of the right to bring or participate in class or representative actions (Section 17.3) by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 17.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to A Place for Snobby Tails LLC, Attn: Legal, 18310 Montgomery Ave, Gaithersburg, MD 20878. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and the class action waiver and must include your name, address, phone number, and the email address(es) used to register for Snobby Tails Services to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver. If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.  Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18.

17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Snobby Tails prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Snobby Tails prior to the effective date of removal.

18. Governing Law and Jurisdiction.

18.1 For users in the United States and Canada, these Terms, and any dispute between you and Snobby Tails, will be governed by the laws of the State of Washington and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Snobby Tails must be resolved exclusively by a state or federal court located in the State of Washington, and you and Snobby Tails agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.  

18.2 For users in the EEA and the United Kingdom, the laws of England shall govern these terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute that arises between you and Snobby Tails must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.

18.3 If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.

19. Class Action Waiver.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 SNOBBY TAILS AGREE OTHERWISE, THE COURT 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 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 SNOBBY TAILS SERVICE USERS.

20. Force Majeure.

Snobby Tails shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters.  Also, in such an event, the cancellation policies described in Section 9.6 may not apply and Snobby Tails may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider's selected cancellation policy.

21. Miscellaneous.

Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering pet care services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms will continue to apply even after your relationship with Snobby Tails ends.

For questions or concerns about the Snobby Tails Services or these Terms, please email Inquiries@snobbytails.com, or contact your local office: