Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Sixlegs. 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. Sixlegs may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Subject to your compliance with these Terms, Sixlegs grants you a limited, non-exclusive, non- sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Sixlegs and Sixlegs’s licensors.
The Services constitute a technology platform that enables users of Sixlegs’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule pet walking services with third party providers of such services, under agreement with Sixlegs or certain of Sixlegs’s subsidiaries (“Third Party Providers”). Unless otherwise agreed by Sixlegs in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sixlegs; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
(B) PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made available under Sixlegs’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Sixlegs’s subsidiaries and affiliates; or (ii) independent Third Party Providers.
(C) THIRD-PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain Sixlegs’s property or the property of Sixlegs’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Sixlegs’s company names, logos, product and service names, trademarks or services marks or those of Sixlegs’s licensor.
3. YOUR USE OF THE SERVICES USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Sixlegs certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or Sixlegs’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Sixlegs in writing, you may only possess one Account.
(A) USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances Sixlegs may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
(B) TEXT MESSAGING
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Sixlegs at any time by contacting us.
(C) PROMOTIONAL CODES
Sixlegs may, in Sixlegs’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s services, subject to terms that Sixlegs establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Sixlegs; (iii) may be disabled by Sixlegs at any time for any reason without liability to Sixlegs; (iv) may only be used pursuant to the specific terms that Sixlegs establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Sixlegs reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Sixlegs determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
D) USER PROVIDED-CONTENT
Sixlegs may, in Sixlegs’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Sixlegs through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Sixlegs, you grant Sixlegs a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Sixlegs’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Sixlegs the license to the User Content as set for the above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Sixlegs’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Sixlegs in its sole discretion, whether or not such material maybe protected by law. Sixlegs may, but shall not be obligated to, review, monitor, or remove User Content, at Sixlegs’s sole discretion and at any time and for any reason, without notice to you.
(E) NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Sixlegs does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in payments by you for the services you receive from Sixlegs (“Charges”). After you have received services obtained through your use of the Service, Sixlegs will facilitate payment of the applicable Charges using a merchant facility (“Third Party Provider”), as such Third Party Provider’s limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Sixlegs.
All Charges are due immediately and payment will be facilitated by Sixlegs using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sixlegs may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
Sixlegs reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Sixlegs’s sole discretion. Further, you acknowledge and agree that Charges applicable. Sixlegs may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior, just note that same day bookings all sales are final you will be charged a cancellation fee.
This payment structure is intended to fully compensate the Sixlegs walker for the services provided. Sixlegs Walkers do not require a tip or gratuity.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIXLEGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SIXLEGS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
(A) LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIXLEGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SIXLEGS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF SIXLEGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIXLEGS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; SIXLEGS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SIXLEGS’S REASONABLE CONTROL. IN NO EVENT SHALL SIXLEGS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold Sixlegs and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Sixlegs’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the state in which the Services are provided for the Company, without regard to the choice or conflicts of law provisions of any jurisdiction. You and the Company agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Software, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and the Company. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and the Company agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
7. OTHER PROVISIONS
(A) CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without giving effect to any conflict of law principles.
The Company may give notice by means of a general notice on the Services, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after emailing. You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time in the form of a scanned letter sent to the Company at the following email: firstname.lastname@example.org addressed to the attention of: Chief Executive Officer.
You may not assign these Terms without Sixlegs’s prior written approval. Sixlegs may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Sixlegs’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Sixlegs or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sixlegs in writing.