Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Walkio. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Walkio may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Walkio may amend the Terms related to the Services from time to time. Amendments will be effective upon Walkio's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of Walkio's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule pet care and/or logistics services with third party providers of such services, including independent third party pet walkers, pet sitters, pet boarders, delivery professionals and third party logistics providers under agreement with Walkio third party contractors. Unless otherwise agreed by Walkio in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT WALKIO DOES NOT PROVIDE PET CARE SERVICES OR LOGISTICS SERVICES OR FUNCTION AS A PET BOARDING CARRIER.
Subject to your compliance with these Terms, Walkio grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Walkio and Walkio's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Walkio; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You acknowledge and agree that, as a Walkio contractor, you are responsible for any and all jobs you claim. Accordingly, you represent and warrant that any job you claim and the provision of any (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, including, but not limited to, laws governing the treatment of animals and any federal, state or local permitting or licensing requirements, and (b) not conflict with the rights of third parties. In addition, you agree to comply with all applicable requirements of your insurance policies covering any of your property or operations.
EACH CONTRACTOR IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PET BOARDING SERVICES OR OTHER PROVIDED SERVICES AND WALKIO ASSUMES NO RESPONSIBILITY FOR A CONTRACTORS FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
You understand and agree that Walkio is neither an insurer nor a contracting agent for you as a pet sitter, pet walker, pet boarder or delivery professional. If a Member purchases any of your site provided services, any agreement you enter into with such Member is between you and the Member and Walkio is not a party thereto. Notwithstanding the foregoing, Walkio serves as the limited authorized agent of the pet sitter, pet walker, pet boarder or delivery professional for the purpose of accepting payments from Members on behalf of the pet and is responsible for transmitting such payments to the pet sitter, pet walker, pet boarder or delivery professionals. You acknowledge and agree that, as a pet sitter, pet walker, pet boarder or delivery professional, you are responsible for your own acts and omissions.
Walkio recommends that pet sitters, pet walkers, pet boarders or delivery professionals obtain appropriate insurance for their Site-Provided Services.
Each pet sitter, pet walker, pet boarder or delivery professional understands the fact that Walkio does not offer any human medical coverage for bodily harm or injury that may result from a guest pet. Walkio will not reimburse for any medical bills, transportation or loss of wages as a result of the injury. The pet sitter, pet walker, pet boarder or delivery professional will also assume full responsibility for each and every person that enters their residence, and understands that Walkio will not offer any medical coverage to these visitors regardless of their affiliation to the pet boarder, pet sitter, pet walker or delivery professional (visitor, partner, relative, friend, etc.), as they are not considered to be a "Third-Party" by our Terms of Service. Any visitor who brings a pet to a pet sitter, pet walker, pet boarder or delivery professional home that is not booked through Walkio will not be eligible for any coverage under Walkio’s Insurance Program.
As a pet sitter, pet walker, pet boarder or delivery professional, you acknowledge and agree that neither Walkio nor a guest pet's owner(s) have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a guest pet, and you hereby agree not to seek any such reimbursement or other damages from Walkio or a guest 's owner(s) in the event of any such property damage, in each case except as provided in the Insurance Program.
Walkio does not endorse any pet sitter, pet walker, pet boarder or delivery professional, Site-Provided Services or Members. In addition, although these Terms require Members to provide accurate information, we do perform background checks but we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site. We will not be responsible for any damage or harm resulting from your interactions with other Members or their pets. (However, please see details on the pet sitter, pet walker, pet boarder or delivery professional plans offered by Walkio below).
By using the Site, except as provided in the Insurance Program, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm (or whose pet caused you harm) and, except as provided in the Insurance Program, you agree not to attempt to impose liability on, or seek any legal remedy from, Walkio with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any request for Site-Provided Services or Listings made by you.
If you, as a Member, make a booking of Site-Provided Services and fail to retrieve your pet within seven (7) days (or the time period set forth in the applicable jurisdiction's animal abandonment or cruelty laws, if earlier) after the end date of your reservation, you agree that Walkio may (but has no obligation to), in its sole discretion, place your pet in foster care or shelter and notify the authorities. You agree that you will be responsible for and will reimburse Walkio all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.
Although Walkio attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge or consent.
As part of the Site, Walkio occasionally shares photo updates of guest pets and resident pets with Site users and the public. You agree that Walkio may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Twitter, Pinterest, and similar sites. Pet Sitters and Pet Walkers are required to provide periodic photo updates to the Members and Walkio via the Site or email. Failure to do say may result in reduced visibility of your profile.
You hereby represent and warrant to Walkio that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Walkio or cause Walkio to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
In addition, and without limitation, the Insurance Program does not cover Meet-N-Greets or any incidents arising from a Meet-N-Greet.
For Emergency Medical Situations Involving a Member's Pet:
Members should ensure that the pet sitter, pet walker, pet boarder or delivery professional is provided with contact information to reach the Member in the event an emergency medical situation arises involving a Member's pet. Members and pet sitters, pet walkers, pet boarders and delivery professionals acknowledge and agree that, to the extent any situation arises where the Member's pet is required to receive emergency veterinary care while in the care or custody of the pet sitter, pet walker, pet boarder or delivery professional, the pet sitter, pet walker, pet boarder or delivery professional must first contact Walkio 24/7 support at 615-378-7387, and Walkio will determine whether emergency veterinary care is required. If Walkio determines that such veterinary care is required, Walkio shall make reasonable efforts during Walkio's normal business hours to contact the Member to notify the Member of the situation. If the Member or the Member's emergency contact cannot be reached following reasonable efforts, Member authorizes pet sitter, pet walker, pet boarder or delivery professional and Walkio to authorize care on his/her behalf in order to promptly treat Member's pet. Members acknowledge and agree that the costs of any such treatment for emergency medical situations is the sole and exclusive responsibility of the Member and that Member's credit card may be billed for any amount to reimburse costs incurred by the pet sitter, pet walker, pet boarder or delivery professional or Walkio attendant thereto. In certain circumstances, Member may seek reimbursements of these costs or a portion thereof through the Insurance Program.
In the event that a pet sitter, pet walker, pet boarder or delivery professional or Member's pet does require medical treatment as the result of an appointment, Walkio will not offer any additional coverage should that pet require treatment for further damage as the result of owner negligence. For example, if a pet is to have surgery and the owner does not allow it the proper amount of time to rest and heal (especially if instructed by a vet to keep the pet confined to bed rest for a duration of time), Walkio will not be responsible for any additional treatment that may result from further injury.
For Flea/Tick Situations Involving a Member's Pet:
It is every pet sitter, pet walker, pet boarder or delivery professional's and Member's responsibility to have his/her pets up to date on a form of flea and tick control. Both Members and Pet Sitters and Pet Walkers acknowledge and agree that, to the extent any situation arises where either the pet sitter, pet walker, pet boarder or delivery professional's or the Member's pet introduces fleas/ticks, the guardian of said pet shall be held responsible for all costs associated with fleas and/or flea/tick prevention. It is the responsibility of all Members to disclose any knowledge of flea/tick issues associated with their pets to all pet sitters, pet walkers, pet boarders and delivery professionals before any Service is rendered.
Walkio, through its proprietary network of Pet sitters, pet walkers, pet boarders and delivery professionals arrange for the provision of the Site-Provided Services to Members, including, but not limited to temporary dog boarding, dog daycare and related services in the comfort of pet sitters, pet walkers, pet boarders and delivery professionals private residences. As a pet sitter, pet walker, pet boarder or delivery professional, you may create appointments, and will be asked information about your background with pets (if relevant). You may set the location areas to receive notifications and choose the services you want to offer, however Walkio does reserve the right to cancel any claimed appointment that does not meet our standards for services.
As a Member, you are given the flexibility to select pet walkers, pet sitters and pet boarders by utilizing our priority feature. You are also able to cancel with no fee before 24 hours of the appointment start time, namely, (a) 100% refund with cancellation at least 24 hours or more before the starting time (earliest value) of a scheduled appointment time frame. Any fees charged at the time of reservation are non-refundable.
For Daycare reservations, you will be entitled to receive a full refund minus any fees if you cancel 2 days prior to the start of the individual daycare session, and will be refunded 50% thereafter. For example, if the daycare session begins on 7/5, you must call by 11:59pm PST on 7/3 for a full refund. Note, the daycare cancellation policy applies separately to each individual daycare date. In other words, if you have a reservation for daycare on Wednesday and on Friday, you'll need to cancel both separately (by 11:59pm Monday for Wednesday's reservation; and by 11:59pm Wednesday for Friday's reservation).
In the event that you, as a booking Member, need to change the dates of a reservation already booked through Walkio, you will be subject to the Pet sitter, pet walker, pet boarder or delivery professional's selected cancellation policy for any days cancelled. Each Member agrees to be bound by the option selected by Pet sitter, pet walker, pet boarder or delivery professional and agreed to as part of the booking process. In addition, regardless of the Pet sitter, pet walker, pet boarder or delivery professional's cancellation policy or when a booking is cancelled, Walkio may charge a cancellation fee (determined at our sole discretion) that will be presented to the Member during the booking process.
After a first-time booking between Member and Pet sitter, pet walker, pet boarder or delivery professional, Member and Pet sitter, pet walker, pet boarder or delivery professional may, at their own discretion, arrange for a live meeting to introduce the Member's dog to the pet sitters, pet walkers, pet boarders and delivery professionals place and pets. If the result of this meeting is the determination that a dog boarding stay or other Site-Provided Service would not be in the best interests of the pets, either party may cancel the booking and all money will be refunded to Booking Member, less any Walkio Fees. Requesting member must contact Walkio customer support at email@example.com to request this refund.
Cancellations by pet sitters, pet walkers, pet boarders and delivery professionals are taken seriously. Each Pet sitter, pet walker, pet boarder or delivery professional cancellation will be reviewed by Walkio to determine if it is subject to an account review. We understand that emergencies happen and will take time to review each cancellation on a case-by-case basis. Pet sitters, pet walkers, pet boarders and delivery professionals are expected to only accept those reservations that they are committed to completing. In the event that a Pet sitter, pet walker, pet boarder or delivery professional is no longer able to provide the service, the Pet sitter, pet walker, pet boarder or delivery professional must contact customer support immediately by calling 615-378-7387
Pet sitter, pet walker, pet boarder or delivery professional cancellations within 3 days of the start of a reservation may result in account review.
Pet sitter, pet walker, pet boarder or delivery professional cancellations within 1 day of the start date of a reservation will result in immediate account review and/or possible suspension.
More than three pet sitter, pet walker, pet boarder or delivery professional cancellations within a month period willÂ result in immediate account review and/or possible suspension.
Pet sitter, pet walker, pet boarder or delivery professional cancellations after the start of the Site-Provided Services that result in the guest dog's removal from the Pet sitter, pet walker, pet boarder or delivery professional's home may result in account review and/or possible suspension, except in cases of severe aggression, emergency, etc., as determined at the sole discretion of Walkio.
Home pet boarding and other Site-Provided Services are not appropriate for all pets, especially aggressive poorly socialized pets. You acknowledge that it is your sole responsibility, as a Member, to determine if the applicable Site-Provided Service is best for your pet and to select the Pet sitter, pet walker, pet boarder or delivery professional carefully. While certain pet sitters, pet walkers, pet boarders and delivery professionals may receive positive assessments or comments by the Site or its users, Walkio makes no representations or warranties regarding the quality, security or positive features of the Pet sitter, pet walker, pet boarder or delivery professional or the Pet sitter, pet walker, pet boarder or delivery professional's residence. Walkio is not party to any agreement or transaction between Member and pet sitters, pet walkers, pet boarders and delivery professionals and, as such, cannot verify or otherwise authenticate any claims made by the Pet sitter, pet walker, pet boarder or delivery professional (including any medical certifications or insurance coverage held by the Pet sitter, pet walker, pet boarder or delivery professional). Moreover, it is incumbent upon you to share any and all relevant information, including but not limited to medical issues, allergies or other conditions, about your pet prior to engaging the Pet sitter, pet walker, pet boarder or delivery professional for pet boarding or other pet-care related services. As a Member, you acknowledge and agree that the entire risk arising out of your use of the Site, including listing and booking Site-Provided Services, is entirely your own. You acknowledge and agree that, except as provided in the Insurance Program, Walkio is not liable for any damages associated with the administration of pet boarding or other Site-Provided Services, which may include but are not limited to, bodily injury or death to your pet (whether caused by the Pet sitter, pet walker, pet boarder or delivery professional, any family member, friend, pet or other affiliate of the Pet sitter, pet walker, pet boarder or delivery professional or any other third party). It is the sole responsibility of Members to make decisions that are in the best interests of themselves and their pets.
Walkio expressly reserves the right, in its sole discretion, to remove a Member's pet from a Pet sitter, pet walker, pet boarder or delivery professional's home should we deem it necessary for the safety of our Pet sitter, pet walker, pet boarder or delivery professional, any persons living with the Pet sitter, pet walker, pet boarder or delivery professional or the Pet sitter, pet walker, pet boarder or delivery professional's or the Member's pet. In the event we must relocate the booking Member's pet, Walkio shall make reasonable efforts during Walkio's normal business hours to contact the Member and/or the Member's Emergency Contact to arrange alternative care. Should Walkio not be able to contact the Member or the Member's Emergency Contact, Walkio will use its best judgment to find adequate care until the Member is able to retrieve its pet. The Member is responsible for any additional charges incurred as a result of the rebooking.
The Services and all rights therein are and shall remain Walkio's property or the property of Walkio's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Walkio's company names, logos, product and service names, trademarks or services marks or those of Walkio's licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Walkio certain personal information, such as your name, address, mobile phone number and date of birth, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Walkio's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Walkio in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Walkio at any time by texting the word STOP to any Walkio number from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Walkio may, in Walkio's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Walkio establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Walkio; (iii) may be disabled by Walkio at any time for any reason without liability to Walkio; (iv) may only be used pursuant to the specific terms that Walkio establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Walkio reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Walkio determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Walkio may, in Walkio's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Walkio through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Walkio, you grant Walkio a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Walkio's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Walkio the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Walkio's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Walkio in its sole discretion, whether or not such material may be protected by law. Walkio may, but shall not be obligated to, review, monitor, or remove User Content, at Walkio's sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Walkio does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, Walkio will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party 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 Walkio.
All Charges are due immediately and payment will be facilitated by Walkio using the preferred payment method designated in your Account, after which Walkio will list a receipt on your dashboard of each service. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Walkio may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Walkio, Walkio reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Walkio's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Walkio will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Walkio 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 or goods 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 or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Any representation by Walkio (on Walkio's website, in the Application, or in Walkio's marketing materials) 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 Walkio provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Walkio in Walkio's reasonable discretion, Walkio reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Walkio to the applicable Third Party Provider and are non-refundable.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WALKIO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WALKIO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WALKIO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WALKIO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WALKIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WALKIO 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 THIRD PARTY PROVIDER, EVEN IF WALKIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WALKIO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WALKIO'S REASONABLE CONTROL. IN NO EVENT SHALL WALKIO'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).
WALKIO'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET CARE SERVICES, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WALKIO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET CARE, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Walkio and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Walkio's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Walkio, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Walkio are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Walkio otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Tennessee and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Walkio otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Walkio submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Walkio will not seek, and hereby waives all rights Walkio may have under applicable law to recover, attorneys' fees and expenses if Walkio prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Walkio will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if Walkio changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Walkio written notice of such rejection by mail or hand delivery to: Walkio, LLC, Attn: Dispute Resolutions,5217 Maryland Way Suite #200 Brentwood, TN 37027, or by email from the email address associated with your Account within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Walkio in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law principles.
Walkio may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Walkio, with such notice deemed given when received by Walkio, at any time by first class mail or pre-paid post to Walkio Limited Liability Company, Attn: User Notices - Legal, 5217 Maryland Way Suite #200 Brentwood, TN 37027.
You may not assign these Terms without Walkio's prior written approval. Walkio may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Walkio's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Walkio or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these 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. Walkio's failure 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 Walkio in writing.