You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately (except as otherwise described in Section 17.9 below) when we post the modified Terms on the Paxi Service. Your continued access and use of the Paxi Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
These Terms of Service (the “Terms”) are a binding legal agreement between you and A Place for Paxi, Inc. (“Paxi,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Paxi over Service”). The Terms govern all use of the Rover Service, whether you access it from our website at www.ridepaxi.com (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. Our Paxi guarantee terms, and other Policies applicable to your use of the Rover Service are incorporated by reference into these Terms of Service. BY ACCESSING OR USING THE ROVER SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PAXI SERVICE.
2.1 Nature of the ridepaxi.com Service. The Paxi 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 Paxi Service includes our emergency support services, educational materials for Service Providers. We charge fees for some aspects of the Paxi Service, as described below in Section 9.
2.2 www.ridepaxi.com does not provide Pet Care Services. Paxi is a neutral venue for Service Providers and Pet Owners. Paxi is not a Service Provider and, except for emergency phone support and other resources and support specifically described in the Paxi Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, transportation, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users. Though we provide general guidance on our Site to Service Providers about safety and pet care and to Pet Owners about selecting and engaging Service Providers, Paxi does not employ, recommend or endorse Service Providers or Pet Owners, and 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 on Service Providers conducted by a third party, but, except where explicitly specified in the Paxi 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 services, or otherwise interacting with users via the Paxi 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 Paxi 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.
2.3 Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, 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. You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions are between Pet Owners and Service Providers. The Paxi Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Paxi Service are between Pet Owners and Service Providers. Except for the limited refunds of Paxi’s fees described in Section 9.6 and the “Reservation Protection” specified in Section 9.6, you agree that Paxi 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 Paxi Service.
2.5 Bookings. Pet Owners and Service Providers transact with each other on the Paxi Service 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 Paxi Service (a “Booking”). Once you complete a Booking, you agree to honor the price and other terms of that Booking. For more information about Bookings, please visit the paxi website.
2.6 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. Please visit www.ridepaxi.com for guidance about making informed decisions about engaging Service Providers. Though Paxi performs a limited review of applications to become Service Providers and facilitates Service Provider background checks conducted by a third party, any such screening is limited, and Paxi does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Paxi does not endorse reviews of Service Providers by other Pet Owners that may be available via the Paxi Service, and Paxi makes no commitments that such reviews are accurate or legitimate.
2.7 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet within seven (7) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Paxi (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse Paxi and/or the Service Provider for all costs and expenses associated with such actions. Further, Paxi expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Paxi 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, Paxi 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 Paxi not be able to contact the Pet Owner or the emergency contact, Paxi 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 Paxi 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 Paxi in connection with such transfer, including any additional charges for new Bookings.
2.8 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 Paxi by phone at 386-882-2241 or atwww.ridepaxi.com. If you are a Pet Owner, you hereby authorize your Service Provider and Paxi 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 Paxi. 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 Paxi for any injury, damage or liability arising from failure to seek such care, including from reimbursement that may otherwise have been available under the Paxi guarantee. Pet Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Paxi 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 Paxi Guarantee.
2.9 Consultation Services. Paxi may offer Pet Owners and Service Providers phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the Paxi Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. You agree to resort solely to the applicable third party consultation service in the event of any claims arising from their services.
2.10 Consent to Call Recording. You agree that any phone calls to or from Paxi may be monitored or recorded for quality assurance purposes.
By accessing and using the Paxi Service, you certify that you: (1) are 18 years of age or older, and (2) will comply with all laws and ordinances applicable to your activities conducted through www.ridepaxi.com. For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. For Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide Pet Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Pet Care Services. You acknowledge that Paxi is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
4.1 Your Conduct on the Paxi Service. When you use the Paxi Service, you agree:
4.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Paxi Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the Site or Paxi Service is inappropriate, unsafe or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Paxi Service in our sole discretion.
In order to use some aspects of the Paxi Service, you will be required to create a username, password, and user profile. If you elect to use the Paxi Service, 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 Paxi suspends or terminates your account, not to create further accounts). You are responsible for maintaining the confidentiality of your username and password for the Rover Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Paxi Service or otherwise in connection with using the Paxi Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Paxi and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Paxi 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 your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews. 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 Paxi Service, whether before or after termination of your account for the www.ridepaxi.com Service. 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 Paxi Service at any time.
Notwithstanding the foregoing, if you are a Service Provider, certain Paxi Services, such as on-demand-booking, may require that you receive service-related messages by text and/or accept mobile app push notifications or alerts. In that case, in addition to deactivating push notifications in your mobile app and opting out of all types of text communications in your online Paxi account settings, you must also send an email to email@example.com from the email address used to establish your Paxi account, that includes your mobile telephone number and a request to be deactivated from on-demand booking services.
In the event you deactivate a mobile phone number provided to us for this purpose, you agree to update your Paxi account information promptly to ensure that messages are not sent to the person who acquires your old number.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Paxi Service are listed and payable in local currency. (If you use the Paxi Service to book a Service Provider in the United States, your payments will be in USD; if you use the Paxi Service to book a Service Provider in Canada, your payments will be in CAD.)
9.2 Fees for Pet Owners. Pet Owners may purchase Pet Care Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Pet Owner, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking. Except where otherwise specifically indicated on the Paxi Service, fees for Pet Care Services are determined by Service Providers. As described in Section 9.3, the total amount Pet Owners are charged for a Booking may also include a service fee payable to Paxi Inc. Where required by law, the amount charged may also be inclusive of applicable taxes. The Service Provider, not Paxi, is responsible for performing the Pet Care Services.
9.3 Fees for Service Providers. Service Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires or the Pet Care 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. Paxi’s role is to facilitate payments from Pet Owners to Service Providers as limited payment agent for the Service Provider. We collect payment from the Pet Owner at the time of Booking and (except to the extent of any payment hold pursuant to Section 9.7) remit payment to the Service Provider’s account on the Rover Service 48 hours after completion of the service period indicated in the Booking. Service Providers are charged a service fee as described in Section 9.4, which we deduct before remitting payment to Service Providers.
9.4 Service Fees. We charge service fees for some aspects of the Paxi Service. If you are a Service Provider, except where otherwise specified via the Paxi Service, our service fee is calculated as a percentage of the fees a Pet Owner agrees to pay in a Booking. We deduct this service fee from the amounts paid by the Pet Owner. Our service fees are described here.
9.5 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, you will be charged for additional service time (pro rata for each partial late day) at the daily rate established in the Booking. In addition, you agree to indemnify Paxi 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.
9.6 Cancellations and Refunds.
9.7 Payment Holds. If you are a Service Provider, Paxi reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Paxi, the Paxi community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
9.8 Resolution Center. As part of resolving a claim through the Resolution Center, Service Providers and Pet Owners may offer or request refunds, damage payments or other accommodations related to their Bookings. In such cases, both parties agree that they are responsible for performing their agreements, and that Paxi is not party to any such agreement and has no obligation to perform any term thereof (except to facilitate payments in accordance with this Section 9). When you participate in a Resolution Center case, you agree to pay all amounts sent through the Resolution Center via your account on the Paxi Service.
9.9 Authorization to Charge. When you pay for Pet Care Services or for other services on the Paxi Service, you will be required to provide us with valid, up-to-date credit card or other payment information. You authorize us to charge your credit card or other payment method for fees you incur on the Paxi Service as they become due and payable. 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 Paxi 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 Paxi Service are non-refundable once paid.
9.10 Taxes. Except for taxes on Paxi’s income and gross receipts generally, you acknowledge that you are responsible to pay any taxes that arise as a result of your purchase, provision, or use of services via the Rover Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Paxi Service.
Paxi may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or the accuracy, timeliness or completeness of any information in the Background Checks. We do not independently verify information in the Background Checks.
If you undergo a Background Check via the Paxi Service, you hereby consent to the collection, use and disclosure of the information in the Background Checks, and you agree to provide complete and accurate information for your Background Check. You understand and agree that Paxi may, in its sole discretion, review and rely on the information in the Background Checks 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 is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Paxi’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Paxi reserves the right to suspend or terminate your access to the Paxi Service based on information in the Background Checks 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, Paxi 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 Checking 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 from foreign countries and nolle pros will 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.
If you believe in good faith that your copyrighted work has been infringed by content posted on the Paxi Service, please provide our designated copyright agent with a written notice that includes all of the following information:
The Paxi 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.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WWW.RIDEPAXI.COM 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 paxi Service; (2) breach of these Terms; (3) disputes with other users of the Paxi 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 information in violation of the Fair Credit Reporting Act (FCRA) or other 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.
14.1 Paxi Service. Paxi and its licensors retain all right, title and interest in and to the www.ridepaxi.com Service, the technology and software used to provide it, all electronic documentation and content available through the Rover Service (other than Your Content), and all intellectual property and proprietary rights in the Paxi Service and such technology, software, documentation and content. Except for your rights to access and use the Paxi 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 Paxi Service any feedback or suggestions for enhancement that you provide to us concerning the Paxi Service, without any obligation of compensation.
14.2 Paxi Trademarks. Paxi owns all rights in and to its trademarks, service marks, brand names and logos (the “Paxi Marks”). If you are a Service Provider, Paxi grants you, for so long as you are in good standing on the Paxi Service, a limited, revocable, non-exclusive, non-transferable license to use the Paxi Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.), made available for purchase via any Store and/or (2) in any other manner specifically authorized in writing via the Paxi Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Paxi Marks inures solely to the benefit of Paxi, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Paxi suspends or terminates your rights to use the Paxi Service.
The information and materials found on the Paxi 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 Paxi Service, but not directly by Paxi, are those of their respective authors, who are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAXI DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PAXI SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PAXI; (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 ROVER SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PAXI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PAXI 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 PAXI SERVICE.
16.1 Exclusion of Certain Types of Damages. In no event will Paxi be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Paxi Service, including without limitation damages related to any information received from the Paxi Service, removal of your profile information or review (or other content) from the Paxi Service, any suspension or termination of your access to the Paxi Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Paxi Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 Limit on Our Liability to You. EXCEPT FOR THE LIMITED REIMBURSEMENTS APPROVED BY PAXI UNDER THE PAXI GUARANTEE AND THE REFUND AMOUNTS PAYABLE BY PAXI THAT ARE SET FORTH IN SECTION 9, IN NO EVENT WILL PAXI’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PAXI SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PAXI (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS VIA THE PAXI SERVICE) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID PAXI FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00.
16.3 No Liability for www.ridepaxi.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WWW.RIDEPAXI.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PAXI SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PAXI SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PAXI SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WWW.RIDEPAXI.COM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and paxi (together, the “Parties”) agree that any and all disputes or claims that arise between you and Paxi relating to the Paxi Service, interactions with others on the Paxi Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
17.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND PAXI AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 17.9 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 YOU AND PAXI 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 ROVER.COM USERS.
17.4 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 via email at firstname.lastname@example.org. 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.
17.5 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 by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS 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 enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Paxi may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Paxi subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Paxi, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different www.ridepaxi.com users, but is bound by rulings in prior arbitrations involving the samewww.ridepaxi.com user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Paxi, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Paxi will pay part of your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Paxi will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Paxi for all fees associated with the arbitration paid by Paxi on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
17.8 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
17.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 17.9. For new www.ridepaxi.com users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current Paxi user and previously accepted the Terms, the Opt-Out Notice must be postmarked no later than July 16, 2018. You must mail the Opt-Out Notice to A Place for Rover, Inc., Attn: Legal, 2101 4th Ave., Suite 400, Seattle, WA 98121. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the www.ridepaxi.com Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 17.
17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Paxi 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 Paxi prior to the effective date of removal.
These Terms, and any dispute between you and Paxi, will be governed by the laws of the State of Florida, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Paxi must be resolved exclusively by a state or federal court located in the State of Florida. You and Paxi agree to submit to the personal jurisdiction of the courts located within Florida for the purpose of litigating all such claims or disputes.
Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor 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. 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 a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.