Last Updated: March 26, 2017
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
DC Dog Sitter may charge you for services in conjunction with using the Site, including but not limited to pet services and pet care fees. We may assess and collect from you fees, surcharges, or other supplemental payment requirement imposed on DC Dog Sitter by any governmental, regulatory, or financial institution or entity. You may make payments to DC Dog Sitter by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, valid credit card, Paypal, or check. DC Dog Sitter reserves the right to expand or limit its payment options.
In conjunction with each payment you make to DC Dog Sitter, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid Paypal account and credit card information). Further, you understand and agree that any declined payment may be lead to additional fees (e.g., returned check fees) and to the suspension or termination of your DC Dog Sitter services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees to DC Dog Sitter and that DC Dog Sitter is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
The following terms apply regardless of the method of payment:
- You must pay for amounts due consistent with the billing terms provided on the Site or any invoice;
- Late fees and/or interest will be charged on overdue balances.
All fees paid to DC Dog Sitter are non-refundable. No refunds will be provided to you if you cancel your services prior to the end of the services term. Further, you will not be entitled to a refund if we suspend or terminate your services for cause.
To the extent you have services provided from DC Dog Sitter that are subject to renewal, you are solely responsible for ensuring that any such services are renewed. DC Dog Sitter shall have no liability to you or to any third-party regarding the renewal or non-renewal of any services.
Similarly, if you have services you wish not to renew, you are responsible for terminating the services and/or informing DC Dog Sitter that you do not wish to have the services automatically renewed. As noted above, you will not be entitled to a refund if you fail to disable the automatic renewal feature for any services.
Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.
If you miss a payment or have an overdue account, you will be assessed a onetime late fee of $25.00. You will also be charged eighteen percent (18%) interest on your past due balance. The interest rate is calculated on a continuously compounded basis.
Some portions of the Site may be restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security in your DC Dog Sitter account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your DC Dog Sitter account. You also agree that DC Dog Sitter is not responsible for any unauthorized use of your DC Dog Sitter account. You should not share your login information with anyone. DC Dog Sitter will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact DC Dog Sitter.
You further agree to promptly notify DC Dog Sitter of any security breach relating to your DC Dog Sitter account. Such notices should be sent to:
PO Box 27002
Washington, DC 20038
DC Dog Sitter encourages all users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third-parties.
Accuracy of Information Provided by You
You agree that all information you provide DC Dog Sitter is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices may be sent to:
PO Box 27002
Washington, DC 20038
Failure to provide such new information will constitute a material breach of the terms of this TOU and may lead to the suspension or termination of your account.
Code of Conduct
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
- Use any metatags or any other “hidden text” utilizing DC Dog Sitter’s name, service or trademarks or trade dress without the express written consent of DC Dog Sitter;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, services or tools if you are not able to form legally binding contracts
- Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; and
- Any attempt to reverse engineer or reconstruction any portion of the Site.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree to that to the extent you are using the Site for the purposes related to DC Dog Sitter and that will adhere to all applicable State and Federal laws and regulations.
If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that DC Dog Sitter is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice. In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.
Use of Name
You consent to DC Dog Sitter using your company’s name and/or your first name and last initial in advertising and promotional materials related to Site services.
Maintenance/Site Down Time/Service Down Time
DC Dog Sitter reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. DC Dog Sitter will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
DC Dog Sitter is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of DC Dog Sitter’s control.
In the event that unforeseen circumstances arise, the services or goods that are advertised on the Site may be unavailable. If this occurs, DC Dog Sitter will use commercially reasonable efforts to promptly provide you with such services, goods, and/or substitute services/good, in DC Dog Sitter’s sole discretion. If DC Dog Sitter determines, in its sole discretion, that no substitute services/goods are reasonably available, DC Dog Sitter will provide you with a prorata refund for the services/goods that are not provided.
Intellectual Property Rights
You agree that DC Dog Sitter holds all right, title and interest to all services, its websites any information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this site is the property of DC Dog Sitter or its licensors and protected by United States and international copyright laws. You agree that you shall not copy, record, duplicate, or otherwise attempt to reproduce any of the services or information provided to you from DC Dog Sitter, including but not limited through tape or video recording.
You also grant DC Dog Sitter a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to DC Dog Sitter. Such information will be used solely by DC Dog Sitter in conjunction with marketing the Site and its services.
DISCLAIMER OF WARRANTIES
DC DOG SITTER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF DC DOG SITTER, DC DOG SITTER DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. DC DOG SITTER DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF DC DOG SITTER, DC DOG SITTER PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, DC DOG SITTER, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH DC DOG SITTER.
DC DOG SITTER DOES NOT WARRANTY OR GUARANTEE ANY OF ITS USERS COMPLIANCE WITH LAW, INCLUDING BUT NOT LIMITED TO EMPLOYMENT LAWS. USERS WHO USE THIS SITE IN CONJUNCTION WITH AN EMPLOYMENT APPLICATION DO SO AT THEIR OWN RISK. DC DOG SITTER IS NOT RESPONSIBLE FOR THIRD-PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
THERE ARE NO GUARANTEES ABOUT THE RESULTS OF COACHING SESSIONS. YOU MAY NOT OBTAIN THE SAME OR SIMILAR RESULTS AS OTHER CLIENTS OR ANECDOTES SHARED BY DC DOG SITTER COACHES. CLIENT IS SOLELY RESPONSIBLE FOR HIS/HER RESULTS, AND AGREES THAT DC DOG SITTER IS NOT RESPONSIBLE FOR ANY INJURY, HARM, OR NEGATIVE OUTCOME THAT MAY RESULT FROM COACHING SESSIONS, SERVICES PROVIDED UNDER THIS SITE, GOODS SOLD FROM THE SITE, OR ANY OTHER GOOD, SERVICE OR THINGS RELATED TO THE SITE.
Assumption of Risk
When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss or corruption of data.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, DC Dog Sitter provides email support for Site customers. Support can be reached by sending an email to: firstname.lastname@example.org. DC Dog Sitter attempts to respond to customer inquiries within 48 hours.
You agree that DC Dog Sitter shall have the right to participate in the defense of any claim asserted against DC Dog Sitter. You also agree that DC Dog Sitter shall be entitled to retain a counsel of DC Dog Sitter’s own choosing at your cost. You further agree to notify DC Dog Sitter of your knowledge of any claim against DC Dog Sitter. You agree to cooperate fully with DC Dog Sitter during such proceedings.
Automatic Payments in the Event of Default
To the extent you provided payment information to DC Dog Sitter, and sums are due and owing from you to DC Dog Sitter, and you are in default of your obligations under this TOU, you authorize DC Dog Sitter to deduct any sums due and owing from your payment source(s) so long as DC Dog Sitter provided you with notice of your default and you failed to cure the default under the terms and conditions of this TOU.
Right to Refuse Service
DC Dog Sitter, in its sole discretion and without any liability to it, reserves the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will DC Dog Sitter be liable to you for your failure to retain necessary records, nor will DC Dog Sitter’s (non-)retention of records act to alleviate your duty under the law.
Termination of Services
Users who wish to terminate their services may contact DC Dog Sitter at email@example.com or complete the cancellation form provided on the Site.
Notices and Communication
Notices that you send to us must be delivered via first class mail to the following address:
DC Dog Sitter
PO Box 27002
Washington, DC 20038
You may also send us notices to DC Dog Sitter so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from DC Dog Sitter are deemed made within the District of Columbia.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by DC Dog Sitter must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver of Jury Trial
No Third Party Beneficiaries
Except as expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from DC Dog Sitter. Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at DC Dog Sitter’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by DC Dog Sitter in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, DC Dog Sitter’s election to not assert its rights under this TOU shall not preclude DC Dog Sitter from asserting its rights in the future.
Severability of Terms
If DC Dog Sitter prevails in any action, suit, or proceeding arising from or based upon this TOU, DC Dog Sitter shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
DC DOG SITTER DOES NOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS OF THE SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS TOU AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD-PARTY. FURTHER, DC DOG SITTER DOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREMENTS BETWEEN USERS OF THIS SITE.
DC Dog Sitter
PO Box 27002
Washington, DC 20038