Groomit Marketplace Terms of Service

1. Acceptance of Terms; Modifications. These Terms of Service (the “Terms” or “Agreement”) apply to: (a) Pet Owners seeking services on the Groomit Marketplace; and (ii) independent Groomers looking to access our Marketplace to sell their services (“You”, “Your”, or “Yours” to either the Pet Owner(s) or the Groomer(s) as the context notes). These Terms are a binding legal agreement between You and Groomit for Pets LLC (“Groomit,” “We,” “Us” and “Our”), established under the laws of the State of New York to govern Your use of any of Our software applications, website, resources, or services (the term “User” or “Users” means any person regardless of their capacity who access the Groomit Marketplace). Pet Owners and Groomers may find and communicate with each other to arrange for Grooming Services. The Terms govern all use of the Groomit Marketplace, whether a User accesses them from Our website at https://www.groomit.me/ (or any localized version or any mobile website) (the “Site”), Our mobile application (the “App”), or any other access point (“Other Access Points”). We make available to You. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE GROOMIT MARKETPLACE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE GROOMIT MARKETPLACE

   You understand and agree that We may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.09 below) when We post the modified Terms on any of the Groomit Marketplace, unless any applicable law requires otherwise. Your continued access and use of the Groomit Marketplace after We post the modified Terms to the Groomit Marketplace will constitute Your agreement with the modified Terms.

2. Groomit Marketplace.

   1. Nature of the Groomit Marketplace. The Groomit Marketplace is limited to brokering Grooming Services. Groomit does not determine the place, time, or methods that each Groomer utilizes in performing any services (the “Grooming Services”) to Pet Owners. Each Groomer is responsible for his/her own tools, instruments, or the like in performing Grooming Services to Pet Owners. Groomit is not responsible for any User’s content created or published in the Groomit Marketplace.

   2. Groomit does not provide Grooming Services. Groomit is a marketplace for Groomers and Pet Owners. Groomit is not a Groomer and does not provide any Grooming Services. We make no representations or warranties about the quality of Grooming Services beyond those explicitly made herein, or about any User’s interactions and dealings with Groomers or any Groomers with any Users.

      Groomers listed in the Groomit Marketplace are independent contractors and are not subject to Our direction or control. Groomers determine in their own discretion how to provide Grooming Services. We will not be responsible or liable for the performance or conduct of Groomers or Pet Owners, whether online or offline. Groomers have no obligation to provide Grooming Services to a dangerous animal in their independent assessment. By accessing the Groomit Marketplace, and soliciting Grooming Services, You are representing that Your pet is safe for third party interactions and has no known history of violent propensities. We will have no liability for Your failure to vaccinate Your pet.

      While we do not guarantee the accuracy of information or reviews contained in a Groomer's profile, we engage a third-party to conduct Background Checks or Identification Verifications (each as described in Section 10, below) on Groomers, in addition to conducting an internal investigation to ascertain a Groomer's skill and credentials. You should exercise caution and use Your independent judgment before engaging a Groomer or otherwise interacting with Users via the Groomit Marketplace. Pet Owners and Groomers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, You are responsible for keeping current Your pet’s vaccinations, and We will have no liability for Your failure to vaccinate Your pet. By accessing the Groomit Marketplace, and soliciting Grooming Services, You are representing that Your pet is safe for third party interactions and has no known history of preexisting, underlying health conditions or preexisting, underlying violent propensities.

   3. Release. Subject to Section 16 below, Groomit has no liability for any claims, injuries, loss, harm or damages arising from or in any way related to Users’ interactions or dealings with other Users and the acts or omissions of Groomers and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE OF THE GROOMIT MARKETPLACE, OR PROVISION OF GROOMING SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

   4. Transactions are between Pet Owners and Groomers. The Groomit Marketplace may be used to find and offer Grooming Services and to facilitate payment, but all transactions conducted via the Groomit Marketplace are between Pet Owners and Groomers. You agree that Groomit has no liability for damages associated with Grooming Services (which may include injury to, or death of, a pet) or resulting from any other transactions between Users of the Groomit Marketplace.

   5. Bookings. Pet Owners and Groomers transact with each other on the Groomit Marketplace when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of Grooming (a “Booking”). Groomit does not guarantee a Pet Owner’s request for a Booking will be accepted.

   6. Pet Owners are Solely Responsible for Evaluating Groomers. Pet Owners are solely responsible for evaluating the suitability of Groomers for the services they offer to provide. Groomit does not warrant the accuracy, legitimacy, or completeness of any Groomer profile or evaluation. Similarly, Groomit does not endorse the reviews of any Groomers.

3. Access to the Groomit Marketplace and Provisions Regarding Contracting Capacity. By accessing and using the Groomit Marketplace, You certify that You are at least 18 years of age or the age of majority in Your jurisdiction, whichever is higher, and are able to legally and validly agree to these Terms. If, in fact, you do not comply with this age requirement, any agreement between You and Groomit is immediately null and void and of no effect. If Groomit has previously terminated a User, he/she is not eligible to access the Groomit Marketplace. In addition, Groomit may, at its sole discretion, refuse access to the Groomit Marketplace to any person residing at the address of the terminated User. Groomit may also, at its sole discretion, refuse access to the Groomit Marketplace to any subsequent owner, guardian, or caregiver for the pet whose behavior led to the refusal of access.

   Vaccination Requirements
   To ensure the safety and well-being of all pets and team members, Groomit requires that all dogs be up-to-date on their rabies vaccinations prior to receiving any grooming services. By booking a grooming appointment, you confirm that your dog meets this vaccination requirement.

4. Use of the Groomit Marketplace; Suspension.

   1. Your Conduct on the Groomit Marketplace. When You use the Groomit Marketplace, You agree:

      1. Not to submit viruses or other malicious code to or through the Groomit Marketplace.

      2. Not to use the Groomit Marketplace, or engage with other Users of the Groomit Marketplace, for purposes that violate any law.

      3. Not to use the Groomit Marketplace to arrange for the provision and purchase of services with another User, then complete transactions for those services outside of the Groomit Marketplace.

      4. Not to use the Groomit Marketplace for purposes of competing with Groomit or to promote other products or services.

      5. Not to post reviews about Groomers that aren’t based on Your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms. You further agree to post any reviews only in good faith and without intent to harass, discriminate, or bully consistent with Section 4.1.14.

      6. 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.

      7. Not to post “spam” or other unauthorized commercial communications.

      8. To use the Groomit Marketplace only for Your own purposes, and not to impersonate any other person.

      9. Not to transfer or authorize the use of Your account for the Groomit Marketplace by any other person, or to engage in fraudulent transactions.

      10. Not to provide false information in Your profile on, or registration for, the Groomit Marketplace, or to create multiple or duplicate accounts.

      11. Not to interfere with Our provision of, or any other User’s use of, the Groomit Marketplace.

      12. Not to solicit another User’s username and password for the Groomit Marketplace or any other sensitive personal information, including bank details.

      13. Not to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Groomit Marketplace or any part thereof.

      14. Groomit is an equal opportunity broker and governs itself in accordance with Federal and New York State principles of public accommodation. By participating in the Groomit Marketplace, You agree that all other participants are entitled to a harassment-free Marketplace free from discrimination, bullying, stalking, profanity, obscenity, and any vulgar content inconsistent within the letter and spirit of the applicable law. Violations of this section will be subject to immediate suspension, termination, or investigation at Groomit’s sole discretion.

   2. Suspension and Termination. You understand and agree that We have no obligation to provide the Groomit Marketplace in any specific location or territory, nor to continue providing it once We have begun. We reserve the right to suspend or terminate Your use of the Groomit Marketplace at any time and for any reason.

   3. You may suspend or terminate Your use of the Groomit Marketplace at any time and for any reason. If You wish to deactivate Your account, please contact Groomit. Note that if You have any outstanding payment obligations, those will survive suspension or termination of Your account.

5. Registration; Account Security. Account Security. In order to use some aspects of the Groomit Marketplace, You will be required to create a username, password, and User profile. If You elect to use the Groomit Marketplace, You agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Groomit suspends or terminates Your account, not to create additional accounts). You are responsible for maintaining the confidentiality of Your username and password for the Groomit Marketplace and are responsible for all activity under Your account. You agree to notify us promptly of any unauthorized use of Your account.

   We should have a notification email for notice of account breaches.

6. Privacy. Our collection and use of Your personal information on the Groomit Marketplace is described in Our Privacy Policy. By accessing or using the Groomit Marketplace, You acknowledge that You have read and understand the Privacy Policy.

7. Your Content.

   1. Your Content. We may require or allow You (or someone else on Your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to Your profile on the Groomit Marketplace or otherwise in connection with using the Groomit Marketplace or participating in promotional campaigns We conduct on the Site (collectively, “Your Content”). For example, Groomers are invited to create a profile page with a photograph and other information and to transmit photos of animals they have serviced, while Pet Owners may submit reviews of Groomers.

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

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

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

   5. Right to Remove or Screen Your Content. Though We are not obligated to do so, We reserve the right to monitor, screen, edit or remove Your Content on the Groomit Marketplace upon receipt of any complaint whether or not such a complaint is a violation of these Terms or the applicable law. 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.

   6. Reviews. The Groomit Marketplace may provide the ability to leave public 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 Policy and that Groomit has no obligation to preserve or indefinitely store any reviews. If You are a Groomer, We have no obligation to provide You with the content of any reviews about You submitted by other Users of the Groomit Marketplace, whether before or after termination of Your account for the Groomit Marketplace. 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 Groomit Marketplace at any time.

8. Phone, Text and Mobile Communications.

   1. You consent to Groomit communicating with You about the Groomit Marketplace by SMS, text message, email and other electronic means, including autodialed text messages containing service information or marketing messages, even if Your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Groomit Marketplace, and You may opt-out of receiving these messages at any time as described in Our Privacy Policy (though You may continue to receive messages while Groomit processes Your request).

   2. Phone Number Changes. In the event You deactivate a mobile phone number provided to us, You agree to update Your Groomit account information promptly to ensure that messages are not sent to the person who acquires Your old number.

   3. Emergency Contact. You agree to maintain accurate third-party emergency contact information in the event you are not immediately reachable.

9. Relationship of Groomit to Groomers and Pet Owners.

   1. Authorization to Charge. When You pay for Grooming Services, You will be required to provide us with a 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. Groomit’s role is to facilitate payments from Pet Owners to Groomers as limited payment agent for the Groomer. You authorize us to charge Your credit card or other payment method for fees You incur on the Groomit Marketplace as they become due and payable and to charge any alternative payment method Groomit has on record for You in the event that Groomit is unable to charge Your primary payment method. 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 Groomit nor the Groomer 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 Groomit Marketplace are non-refundable once paid.

   2. Taxes. Except for taxes on Groomit’s income and gross receipts or where Groomit 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 Grooming Services via the Groomit Marketplace.

   3. Taxes. Except for taxes on Groomit's income and gross receipts or where Groomit 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 Grooming Services via the Groomit Marketplace.

   4. It is the Pet Owner's responsibility to provide the following items:

      1. Access to electricity for the Groomer to operate his/her equipment in providing the Grooming Services;

      2. Access to water of varying temperatures and towels for the Groomer to provide the Grooming Services;

      3. Adequate space for the Groomer to provide the Grooming Services in an environment that is suitable for the Pet’s size and temperament; and

      4. Any other items that the Groomer deems necessary to provide the Grooming Services.

      5. In the instance that a Groomer arrives and the Pet Owner has not provided the necessary items and conditions, this will render the pet Non-Groomable as defined in Section 9.4.6.

      6. If the Groomer arrives at the Pet Owner’s location and cannot safely perform Grooming Services, or the pet is otherwise unavailable (“Non-Groomable”), Groomit will not refund any portion of the payment made for the Booking. The term Non-Groomable shall mean, among other meanings, when a pet is sick, aggressive, frail, injured, infirm, or otherwise in the Groomer's discretion.

         If, You as the Pet Owner, choose to sedate your pet, You must indicate to any potential Groomer when You log onto the Groomit Marketplace and before confirming any Booking, that you will be sedating your pet. You, as the Pet Owner, must certify that you have properly done so as per your veterinarian's directive and that you have done so for enough time before the Groomer arrives at your premises such that sedation has taken full effect by the time the Groomer arrives. The Pet Owner accepts full and complete liability for anything that may happen for the duration of the appointment that is not the fault of the Groomer.

         In the instance that a Groomer arrives at your premises for a confirmed Booking, and the pet is not properly sedated, the Groomer may at his/her discretion, conclude the appointment. In such instance, Groomit will not refund any fees charged at the time the Groomer and Pet Owner confirmed the Booking.

      7. In addition to the above, if the Groomer does not start or complete any Grooming Services where the Pet Owner acts in a harassing, rude, abusive, sexually suggestive, personally aggressive, racist, misogynistic, or otherwise inappropriate way, Groomit will not refund any portion of the payment made for the Booking.

10. Background Checks and Identity Verifications.

    1. Groomit may provide Groomers 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 or identification verifications (collectively, “Background Checks”).

    2. Pet Owners remain fully responsible to evaluate and investigate their Groomers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Groomit 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.

11. Copyright Infringement.

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

    2. If You believe in good faith that Your copyrighted work has been infringed by content posted on the Groomit Marketplace, please provide Our designated copyright agent with a written notice that includes all of the following information:

       1. A description of the copyrighted work You believe to have been infringed;

       2. Your name, mailing address, telephone number and email address;

       3. 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 and why;

       4. 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

       5. 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:

          Groomit for Pets LLC
          Attn: Intellectual Property
          1091 Yonkers Avenue
          Yonkers, NY 10704
          help@groomit.me

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

13. Indemnity. TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GROOMIT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES 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 Groomit Marketplace; (2) breach of these Terms; (3) disputes with other Users of the Groomit Marketplace; (4) Your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by Your pet or pets; (6) Your Content; or (7) Your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

14. Intellectual Property.

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

    2. Groomit Trademarks. Groomit is the exclusive owner all rights in and to its trademarks, service marks, brand names and logos (the “Groomit Marks”). If You are a Groomer, Groomit grants You, for so long as You are in good standing on the Groomit Marketplace, a limited, revocable, non-exclusive, non-transferable license to use the Groomit Marks solely in any manner specifically authorized in writing via the Groomit Marketplace. As a condition of exercising such license, You agree that (1) all goodwill associated with Your use of the Groomit Marks inures solely to the benefit of Groomit, and (2) such license immediately terminates upon Your ceasing to be a Groomer in good standing, whether at Your own option or because Groomit suspends or terminates Your rights to use the Groomit Marketplace.

15. Warranty Disclaimer for the Groomit Marketplace. The information and materials found on the Groomit Marketplace, 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 Groomit Marketplace, but not directly by Groomit, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROOMIT DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE GROOMIT MARKETPLACE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GROOMIT; (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 GROOMIT MARKETPLACE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GROOMIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE GROOMIT MARKETPLACE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

16. Limitation of Liability.

    1. Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Groomit be liable to any User for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Groomit Marketplace, including without limitation damages related to any information received from the Groomit Marketplace, removal of a User’s profile information or review (or other content) from the Groomit Marketplace, any suspension or termination of a User’s access to the Groomit Marketplace, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Groomit Marketplace, even if We are aware of the possibility of any such damages, los CLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO SUCH USER.

    2. Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL GROOMIT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE GROOMIT MARKETPLACE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO GROOMIT (SPECIFICALLY EXCLUDING AMOUNTS PAID TO GROOMERS) DURING THE MONTH PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID GROOMIT FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY). (Any financial obligations Groomit may have to its Users in connection with User conduct are limited to the reimbursement obligations set forth in the Groomit Guarantee.)

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

    4. Personal Insurance Limits at the Discretion of Pet Owners. Pet Owners acknowledge that they are solely responsible for: (i) the condition of their households into which they invite Groomers to provide services; and (ii) ensuring their pets are safe for grooming by third-parties. The condition and value of Your household and its contents are known only to Pet Owners. New York law treats Pets as personal property. You represent and warrant that Your household and personal property are adequately insured and subject to your discretionary preferences. In the event of loss to your household or personal property, You will look solely to Your insurers for indemnity and waive subrogation for all loss or damage against Groomit, the independent Groomers providing services to You, and the respective insurers.

17. Insurance.

    1. Groomer’s Minimum Liability Insurance. Groomer will provide commercial liability with Pet Groomer’s Professional Liability coverage for all Groomer’s on its marketplace with a single aggregate annual limit of at least $1,000,000.

    2. Pet Owners are exclusively aware of the value of their homes and personal property including pets. Pet Owners acknowledge that placing adequate personal lines insurance for the real and personal property is exclusively their obligation and represent that they have done with limits of insurance determined at their discretion. In the event of loss, Pet Owners hereby waive subrogation as against Groomit and will look solely to their personal lines insurers for recovery.

18. Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS WITH GROOMIT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    1. Arbitration under the Federal Arbitration Act (FAA). The FAA applies to this Arbitration Agreement. Unless a Pet Owner opts out of the Arbitration Agreement in accordance with the procedure described in this Section 18.9 below, such Pet Owner and Groomit agree that any and all disputes or claims between that Pet Owner and Groomit relating to the Groomit Marketplace or these Terms (including any alleged breach of these Terms) (collectively, “Claims”).

    2. Agreement to Arbitrate. Users agree that any and all Claims will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and any User’s rights in connection with all Claims will be determined by a neutral arbitrator, not by a judge or jury pursuant to the FAA. The arbitration will be held in New York, New York at JAMS pursuant to their Streamlined Rules.

    3. Prohibition of Class and Representative Actions and Non-Individualized Relief. ANY USER AND GROOMIT AGREE THAT, UNLESS A USER OPTS OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 18 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH USER AND GROOMIT AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER GROOMIT MARKETPLACE USERS.

    4. Pre-Arbitration Dispute Resolution. Before You commence arbitration, We suggest that You contact us to explain Your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us by mail at Groomit for Pets LLC 1091 Yonkers Avenue, Yonkers, NY 10704, help@groomit.me, or via the Groom Messaging service via the Groomit app or website. If the issue is not resolved and results in arbitration, We will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.

    5. Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If We cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”). The rules that apply are those in effect when arbitration is demanded by either of the Parties. The Rules are incorporated in these Terms by reference. You either acknowledge and agree that You have read and understand the Rules or waive Your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

    6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be shared equally by You and Groomit, except where prohibited by applicable law. Each party will be solely responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

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

    8. Severability. If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable.

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

19. Governing Law and Jurisdiction. Subject to the arbitration provisions included in Section 18, these Terms are governed by the laws of the State of New York, without respect to its conflict of laws provisions. Also subject to the arbitration provisions of Section 18, You expressly agree to submit to the exclusive personal jurisdiction of the court of lowest monetary jurisdiction within the State of New York, City of White Plains.

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

21. In the event that a Groomer seeks to subcontract or assign his/her obligation to render Grooming Services to a third party (the “Alternate Groomer”), the Groomer shall require the Alternate Groomer to agree to execute this Agreement and the Groomer shall, for example, guarantee that such Alternate Groomer shall undergo any background checks as articulated in paragraph 2 and any subparagraphs in addition to adherence to all other obligations under this Agreement. If, however, the Groomer retains an Alternate Groomer to complete such Groomer’s obligations which this Agreement requires, the Groomer retains that person at his/her own risk. Groomit will provide none of the benefits that accrue to a Party under this Agreement.

22. Consent to Electronic Signature. By executing this Agreement, You agree that doing so allows us to provide You with electronic versions of notices, disclosures and other communications in connection with the services we offer and agreements we enter into with You. This consent applies to all agreements, policies, terms, notices, authorizations, receipts, confirmations, statements, account histories, disclosures and any other communication (each, a “Disclosure”) that the law requires us to provide to you in connection with any products, services, transactions, or agreements we offer or enter into with you now or in the future.