Terms of Service

Contractual Relationship

These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 2) made available in the United States and its territories and possessions by PETS R WISE, INC, a company incorporated under the laws of Florida and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Pets R Wise," "we" and "us"). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate each other, and schedule for the provision of pet services.

Please read these Terms carefully, as they constitute a legal agreement between you and Pets R Wise. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. 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. Pets R Wise 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.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PETS R WISE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Pets R Wise may amend the Terms from time to time. Amendments will be effective upon Pets R Wise's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s).

Pets R Wise Services

• Pets R Wise Service. The Pets R Wise Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners ("Pet Owners") and providers of pet-related services ("Service Providers") can use to find, communicate with and interact with each other. The Pets R Wise Service includes our support services, educational materials for Service Providers, and other services. We charge fees for some aspects of the Pets R Wise Service, as described below in Section 9.

• Pets R Wise does not provide Pet Care Services. Pets R Wise is a neutral venue for Service Providers and Pet Owners. Pets R Wise is not a Service Provider and, except for emergency phone support and other resources and support specifically described in the Pets R Wise Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Service Providers ("Pet Care Services"), or about your interactions and dealings with users. Service Providers listed on Pets R Wise are not under the direction or control of Pets R Wise, and Service Providers determine in their own discretion how to provide Pet Care Services. Though we provide general guidance on quality standards to Service Providers about safety and pet care and to Pet Owners about selecting and engaging Service Providers, Pets R Wise does not employ, recommend or endorse Service Providers or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verifications (each as described in Section 10, below) on Service Providers conducted by a third party, but, except where explicitly specified in the Pets R Wise Service (and then only to the extent specified), do not otherwise screen Service Providers or Pet Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users via the Pets R Wise Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Pets R Wise Service is responsible for keeping current his or her own pet's vaccinations, and we will have no liability for anyone's failure to vaccinate his or her pet.

• Release. Subject to Section 16 below, our liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline, is limited to the amounts and obligations set forth in the Pets R Wise Guarantee. You acknowledge and agree that, except to the extent we have liability under the Pets R Wise Guarantee, and 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.

• Transactions are between Pet Owners and Service Providers. The Pets R Wise Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Pets R Wise Service are between Pet Owners and Service Providers. Except for the limited refunds and "Reservation Protection" specified in Section 5.9.6 and the Pets R Wise Guarantee, you agree that Pets R Wise 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 the Pets R Wise Service.

• Bookings. Pet Owners and Service Providers transact with each other on the Pets R Wise on the web or mobile application when 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 Pets R Wise Service (a "Booking"). A Booking may be initiated by either a Service Provider or a Pet Owner by selecting the type(s) of Pet 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 & Pay." If you are a Pet Owner and a Service Provider initiates a Booking, you agree to pay for the Pet Care Services described in the Booking when you click "Pay Now." 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. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

• Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Pets R Wise performs a limited review of Service Provider profiles and facilitates Service Provider Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and Pets R Wise does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Pets R Wise does not endorse reviews of Service Providers by other Pet Owners that may be available via the Pets R Wise Service.

• 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 Pets R Wise (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse Pets R Wise and/or the Service Provider for all costs and expenses associated with such actions. Further, Pets R Wise expressly reserves the right, in its sole discretion, to remove a Pet Owner's pet from a Service Provider's care should Pets R Wise deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Pets R Wise 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 Pets R Wise not be able to contact the Pet Owner or the emergency contact, Pets R Wise 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 Pets R Wise 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 Pets R Wise in connection with such transfer.

• Consultation Services. Pets R Wise 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.

• Emergencies. We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. Service Providers agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Pets R Wise 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 Pets R Wise 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 Pets R Wise. 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 Pets R Wise for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available under the Pets R Wise Guarantee. Pet Owners are responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Pets R Wise 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 Pets R Wise Guarantee. Pets R Wise recommends that all users have adequate pet insurance to cover the costs of veterinary care.

• Google Maps. Use of the Pets R Wise Service 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 Pets R Wise 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 the Pets R Wise Service.

Compliance with Applicable Law

Compliance with Applicable Law. By accessing and using the Pets R Wise Service, 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, the Pets R Wise 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 includes 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 and permits necessary to legally provide Pet Care Services; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.

You acknowledge that Pets R Wise is entitled to rely on these commitments 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.

Your Conduct. When you use the Pets R Wise platform, you agree:

• To use the Pets R Wise only in a lawful manner and only for its intended purposes.
• Not to use the Pets R Wise 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 the Pets R Wise.
• Not to use the Pets R Wise or engage with other users of the Pets R Wise, for purposes that violate the law.
• Not to use the Pets R Wise to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Pets R Wise mobile app.
• Not to use the Pets R Wise Service for purposes of competing with Pets R Wise 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 the Pets R Wise Service only for your own purposes, and not to impersonate any other person.
• Not to transfer or authorize the use of your account for the Pets R Wise by any other person, or to engage in fraudulent transactions.
• Not to provide false information in your profile on, or registration for, the Pets R Wise service, or to create multiple or duplicate accounts.
• Not to interfere with our provision of, or any other user's use of, the Pets R Wise Service.
• Not to solicit another user's username and password for the Pets R Wise or any other sensitive personal information, including bank details.

Suspension and Termination.

We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user's right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Pet Owners, below average ratings or reviews of you by Pet Care Providers. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.

Registration; Account Security.

You will be required to create a username, password, and user profile. If you elect to use the Pets R Wise Service, you agree to provide accurate information about yourself and keep this information up-to-date. You are responsible for maintaining the confidentiality of your username and password for the Pets R Wise Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

Privacy

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

Your Content

• 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 Pets R Wise Service or otherwise in connection with using the Pets R Wise 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.

• 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 Pets R Wise 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 the Pets R Wise mobile app, and to sublicense these rights to third parties.

• Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Pets R Wise 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 5.8.2 and the other provisions of these Terms.

• 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 5.8.2 and make the release in Section 5.8.3 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.

• 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 Pets R Wise Service. 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.

• Reviews. Pets R Wise 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 Pets R Wise has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Pets R Wise mobile app, whether before or after termination of your account for the Pets R Wise. 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 Pets R Wise mobile app at any time.

Fees & Payment.

• Currency. All fees, deductible amounts and other payments referenced on, or charged through, the mobile application are listed and payable in local currency.

• Fees for Pet Owners. Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking. 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 fees indicated in the Booking. As described in Sections 5.9.3 and 5.9.4, the total amount Pet Owners are charged for a Booking may also include a service and transaction fee payable to Pets R Wise. Where required by law, the amount charged will also be inclusive of applicable taxes. The Service Provider, not Pets R Wise, is responsible for performing the Pet Care Services.

• 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 5.2.5. If you are a Service Provider, you must confirm the Booking before it expires or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. Pets R Wise is responsible for facilitating the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking and (except to the extent of any payment hold pursuant to Section 5.9.7) initiate payment to the Service Provider's account 7 days after completion of the service period indicated in the Booking. Service Providers are charged a service fee as described in Section 5.9.4. Where required by law, the amount charged will also be inclusive of applicable taxes.

• Service Fees. We charge service fees for some aspects of the Pets R Wise Service. If you are a Service Provider, 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. Our service fees is paid 50% by the Pet Owner and 50% by the Service Provider.

• 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 Pets R Wise from, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we or the Service Provider incur as a result of your failure to retrieve your pet at the end of the service period agreed in a Booking.

• Cancellations & Refunds.

  • Reservation Protection. Pets R Wise can help you find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation and the type of Pet Care Services provided.
  • 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 Pets R Wise. 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 on the Pets R Wise Service and has agreed in writing to accept a Booking) by contacting Pets R Wise to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, Pets R Wise may terminate 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 refund fees in accordance with the cancellation policy selected by the Service Provider on the Pets R Wise mobile app. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Pet Owners are aware of the cancellation policy prior to Booking.
  • Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Pets R Wise may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider's selected cancellation policy.
  • 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 use the mechanisms available through the Pets R wise mobile app to do so. For purposes of the policies and terms in this Section 5.9.6, the date of cancellation is the date that a user cancels through the Pets R Wise, regardless of any separate communications between users outside of the Pets R Wise Service.
  • Payment Disputes; Payment Outside of the Pets R Wise mobile application. Pets R Wise 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 Pets R Wise has no obligation to mediate or facilitate any resolution. Further, Pets R Wise has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Pets R Wise Service.

• Payment Holds. If you are a Service Provider, Pets R Wise reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 5.9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Pets R Wise.

• Authorization to Charge. When you pay for Pet Care Services or for other services on the Pets R Wise mobile app, 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. Pets R Wise's role is to facilitate payments from Pet Owners to Service Providers as limited payment agent for the Service Provider. You authorize us to charge your credit card or other payment method for fees you incur on the Pets R Wise Service as they become due and payable, and to charge any alternative payment method Pets R Wise 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 Pets R Wise 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 the Pets R Wise mobile app are non-refundable once paid.

• Taxes. Except for taxes on Pets R Wise's income and gross receipts or where Pets R Wise 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 the Pets R Wise mobile app. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Pets R Wise service.

Background Checks and Identity Verifications.

Pets R Wise 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.

If you undergo a Background Check or Identity Verification via Pets R Wise mobile app, 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 Pets R Wise 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 Pets R Wise's rights and obligations under the Arbitration Agreement 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. Pets R Wise reserves the right to suspend or terminate your access to the Pets R Wise Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.

Pet Owners remain fully responsible to evaluate and investigate their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Pets R Wise does not automatically run Background Checks on any Users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

Copyright Infringement.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Pets R Wise mobile app, 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:

Third Party Services, Links

The Pets R Wise Service 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.

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 PETS R WISE 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 the Pets R Wise Service; (2) breach of these Terms; (3) disputes with other users of the Pets R Wise Service; (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.

Intellectual Property.

Pets R Wise Service. Pets R Wise and its licensors retain all right, title and interest in and to the Pets R Wise Service, the technology and software used to provide it, all electronic documentation and content available through the Pets R Wise Service (other than Your Content), and all intellectual property and proprietary rights in the Pets R Wise Service and such technology, software, documentation and content. Except for your rights to access and use the Pets R Wise Service 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 the Service any feedback or suggestions for improvement that you provide to us concerning the Pets R Wise Service, without any obligation of compensation.

Pets R Wise Trademarks. Pets R Wise owns all rights in and to its trademarks, service marks, brand names and logos (the "Pets R Wise"). If you are a Service Provider, Pets R Wise grants you, for so long as you are in good standing on the Pets R Wise mobile app, a limited, revocable, non-exclusive, non-transferable license to use the Pets R Wise Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made available for purchase via the Pets R Wise Store and/or (2) in any other manner specifically authorized in writing via the Pets R Wise Service/mobile app. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Pets R Wise Marks inures solely to the benefit of Pets R Wise, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Pets R Wise suspends or terminates your rights to use the Pets R Wise Service.

Warranty Disclaimer.

The information and materials found on the Pets R Wise Service, 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 the Pets R Wise Service, but not directly by Pets R Wise, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETS R WISE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE ROVER SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PETS R WISE; (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 THE PETS R WISE SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROVER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PETS R WISE 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 THE PETS R WISE MOBILE APP SERVICE.