TERMS & CONDITIONS
For ease of use, we have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND OFFLEASH’D. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS.
We may update the Terms at any time and from time to time, so refer back to this page regularly for updates.
Welcome to Offleash’d! As used in this Agreement, the terms “Offleash’d,” “us,” “we,” the “Company”, and “our” shall refer to Offleash’d, Inc., a Washington corporation. Together you and Offleash’d may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on https://www.offleashd.com/ (the “Website”), the Offleash’d mobile application (the “App”), or any other platforms or services Offleash’d may offer from time to time (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services from and after any modification, amendment or changes to these Terms constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on Offleash’d, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Offleash’d.
Offleash’d and its Services are a neutral venue for Users to meet other Users and their pets. Offleash’d is not a provider of pet services and, except for resources and support specifically described in your use of the Services, does not provide pet care services. We make no representations or warranties about the quality of pets or about your interactions and dealings with Users. Though we may provide general guidance on our Services to Users about safety and pet care from time to time, Offleash’d does not employ, recommend or endorse any User or any pet services, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of any Users, whether online or offline. You should exercise caution and use your independent judgment before interacting with Users via the Service. Users are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each User of the Services 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.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
You are at least 18 years old;
You are legally qualified to enter a binding contract with Offleash’d;
You are a natural person;
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our Services;
You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our services without warning.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website and/or App;
Treat other Users of the Services (“Users”) in a courteous and respectful manner, both on and off our Services;
Be respectful when communicating with any of our customer care representatives or other employees;
Treat any and all animals that you meet while utilizing the Services with respect; and
Maintain a strong password and take reasonable measures to protect the security of your login information.
You knowingly and irrevocably agree that you will not:
Misrepresent your identity, age, pet ownership, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other Users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person or animal;
Post, upload, download or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without their permission;
Solicit any items of value from another User, whether as a gift, loan, or form of compensation;
Use or copy another User’s account;
Use our Services in relation to fraud, willful misconduct, multilevel marketing, a pyramid scheme, or other similar practice; or
Violate the terms of the limited license granted to you by Offleash’d (see Section 6 below).
Disclose private, confidential or proprietary information that you do not have the right to disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any User Content or Offleash’d Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without our prior written consent;
Express or imply that any statements you make are endorsed by Offleash’d;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
“Frame” or “mirror” any part of our Services without our prior written authorization;
Use meta tags or code or other devices containing any reference to Offleash’d or the platform (or any trademark, trade name, service mark, logo or slogan of Offleash’d) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our
Services or User Content or information without our written consent;
Use, access, or publish the Offleash’d application programming interface;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms; or
Create a new account after we suspend or terminate your account, unless you receive our express permission.
The license granted to you under these Terms and any authorization to access the Services is hereby automatically revoked in the event that you do any of the above.
Offleash’d expressly prohibits uploading, broadcasting or sharing content that:
Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent, crude, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or violence or the submission of which in itself constitutes committing a criminal offense;
Is defamatory, libelous, or false;
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, solicitation for payment, links to other websites or premium line telephone numbers);
Involves the transmission of “junk” mail or “spam”;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Offleash’d or otherwise;
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorized by Offleash’d;
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Offleash’d.
The uploading or sharing of content that violates these Terms may result in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including, without limitation, any content you provide or post. You are expressly prohibited from posting content that violates the guidelines set forth herein.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other Users upload or provide while using our Services (“User Content”); and (iii) content that Offleash’d provides on and through our Services (“Offleash’d Content”). In this Agreement, “content” includes, without limitation, all text, images, subimages, intellectual property (and rights related thereto), video, audio, or other material on our Services, including information on Users’ profiles and in direct messages between Users.
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely and exclusively responsible and liable for Your Content, and, therefore, you hereby agree to indemnify, defend and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other User is true, accurate and complete, including any information submitted through Instagram or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. The content included on your individual profile should be relevant to the intended use of our Services. You shall not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If you choose to reveal any personal information about yourself to other Users, you do so at your sole and exclusive risk. We strongly caution you against disclosing any personal information online.
Your individual profile will be visible to other people around the world. You acknowledge and agree that Your Content may be viewed by other Users, and, notwithstanding these Terms, other Users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses (including, without limitation, all property and intellectual property rights) to do so and automatically grant us an irrevocable license to use Your Content as provided under Section 7 below.
You acknowledge and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole and exclusive discretion. Furthermore, you hereby agree that we have no obligation to display or review Your Content or any other User Content.
While you will have access to User Content, it is not yours and you may not copy, distribute, disseminate, publicly display, publicly perform or use User Content for any purpose except as set forth in these Terms.
Users will also share content on our Services. User Content belongs to the User who posted the content and is stored on our servers and displayed at the direction of that User.
You do not have any rights in relation to User Content, and, unless expressly authorized by Offleash’d, you may only access User Content to the extent that your access is consistent with our Services’ purpose of allowing access to communicate with and meet one another. You shall not copy the User Content or use User Content for any commercial purposes, to spam, to harass, to discriminate or to make unlawful threats. We reserve the right to terminate your account at any time, including if you misuse User Content.
Offleash’d owns all other content on our Services.
Any other text, content, graphics, User interfaces, trademarks, logos, sounds, artwork, images, NFTs, code (source and/or object), and other intellectual property appearing on or used in connection with our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We hereby reserve all rights not expressly granted to you in these Terms.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Offleash’d does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful Offleash’d community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We strongly encourage you to report any inappropriate User Content or misconduct by other Users. You may report User Content by: [INSERT INFORMATION ON HOW TO REPORT USER CONTENT.]
User Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding User Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
Privacy is important to us. Please read our separate policy about privacy and our practices regarding your data and information.
6. RIGHTS YOU ARE GRANTED BY OFFLEASH’D
For as long as you comply with these Terms, Offleash’d grants you a personal, non-commercial, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services as intended by Offleash’d and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
Copyright/Trademark Information. Copyright © 2022 Offleash’d, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
7. RIGHTS YOU GRANT OFFLEASH’D
You own all of the content you provide to Offleash’d, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Offleash’d a worldwide, perpetual, transferable, assignable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, make derivative works of, advertise, distribute, commercialize and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium now known or developed hereafter. Our license to Your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of our Services (e.g., screenshots of our Services that include Your Content).
In addition, so that Offleash’d can prevent the use of Your Content outside of our Services, you authorize Offleash’d to act on your behalf with respect to infringing uses of Your Content taken from our Services by other Users or third parties. This expressly includes our authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Offleash’d is not obligated to take any action regarding any use of Your Content by other Users or third parties. Our license to Your Content is subject to your rights under applicable law.
In consideration for Offleash’d allowing you to use our Services, you hereby agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions, notes, questions, reviews or feedback to Offleash’d regarding our Services (collectively,
Feedback”), you agree that Offleash’d may use and share such Feedback for any purpose without compensating you.
You agree that Offleash’d may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of you, any other User, Offleash’d or any other person.
8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from Offleash’d. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.
Offleash’d may offer products and services for purchase from time to time through iTunes, Google Play or other external services (each, an “Third Party Service,” and any purchases made thereon, a “Third Party Service Purchase”). Offleash’d may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Service Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 9.
A. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
Third Party Service Purchases, including subscriptions, may be processed through the Third Party Service, in which case those purchases must be managed through your Third Party Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through a Third Party Service, such as with your Apple ID account (your “Third Party Service Account”), and your Third Party Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your Third Party Service Account. Some Third Party Services may charge you sales tax, depending on where you live, which may change from time to time.
If your Third Party Service Purchase includes an automatically renewing subscription, your Third Party Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your Third Party Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Offleash’d. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your Third Party Service Account, Offleash’d may terminate your account immediately. Offleash’d will retain all funds charged to your Third Party Service Account until you cancel your subscription through your Third Party Service Account. Certain Users may be entitled to request a refund as set forth below.
B. INTERNAL PURCHASES AND SUBSCRIPTIONS
Service Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.
If you make a Service Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales, use or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Offleash’d to charge the payment method you provide (your “Payment Method”). Offleash’d may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Offleash’d may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Offleash’d subscription.
If your Service Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel. To cancel a subscription, log in to the Website or App and go to the Settings tool. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
To cancel a subscription, you can [INSERT INFORMATION REGARDING HOW TO CANCEL A SUBSCRIPTION]. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain Users may be entitled to request a refund, as discussed below.
Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin in accordance with applicable state law.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Offleash’d. For any other purchase, please contact Offleash’d Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Offleash’d, Attn: 15600 NE 8th St., Suite B1 #288, Bellevue, WA 98008, USA (California and Ohio Users may also email us by sending an email to email@example.com _______________ or send a facsimile to _______________).
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the App, going to the “Settings” tab, and selecting “Account” and following the instructions to terminate your account. However, you will need to cancel / manage any Third Party Service Purchases through your Third Party Service Account (e.g., iTunes, Google Play) to avoid additional billing.
Offleash’d reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Offleash’d believes that you have violated these Terms, misused our Services, or behaved in a way that Offleash’d regards as harmful, inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
OFFLEASH’D DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS EXCEPT AS SET FORTH IN THESE TERMS. OFFLEASH’D MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE EXISTENCE, CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS OR THEIR ANIMALS. OFFLEASH’D RESERVES THE RIGHT TO CONDUCT (AND YOU HEREBY AUTHORIZE OFFLEASH’D TO CONDUCT) ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF OFFLEASH’D DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE OFFLEASH’D AND ANY CONSUMER REPORTING AGENCY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE OR ANIMALS. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY OFFLEASH’D, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, HACKING OR OTHER SUCH IMPROPER BEHAVIOR.
Offleash’d strives to encourage a respectful User experience. However, it is not responsible for the conduct of any User or their animals on or off the Service. You agree to use caution in all interactions with other Users and their animals, particularly if you decide to communicate off the Service or meet in person.
our Services are provided “AS-IS” “AS AVAILABLE” and WITH ALL FAULTS AND DEFECTS and we do not make, and cannot make, any representations about the content or features of our Services.
OFFLEASH’D PROVIDES OUR SERVICES AND ANY ENGAGEMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN OR ANY ENGAGEMENTS OFFERED RELATED THERETO), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCESS OR NON-INFRINGEMENT. OFFLEASH’D DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, OFFLEASH’D MAKES NO GUARANTEES AS TO USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
OFFLEASH’D ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, TRANSMITS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES OFFLEASH’D ASSUME RESPONSIBILITY FOR THE EXISTENCE, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH OFFLEASH’D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. OFFLEASH’D IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY YOU OWN OR POSSESS INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
RELEASE: You hereby release and forever discharge Offleash’d and all other Offleash’d Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third Party Services). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12. DIGITAL MILLENNIUM COPYRIGHT ACT
Offleash’d takes copyright infringement very seriously and wishes to address any claims of copyright infringement promptly.
In accordance with the Digital Millennium Copyright Act (the “DMCA”), if you believe any User Content or Offleash’d Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
dentification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to firstname.lastname@example.org, or via mail to the following address: 15600 NE 8th St., Suite B1 #288, Bellevue, WA 98008. Offleash’d may terminate the accounts of repeat infringers.
13. ADS AND THIRD-PARTY CONTENT
There are ads on our App for third party products and services.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Offleash’d may also provide non-commercial links or references to third parties within its content. Offleash’d is not responsible for the availability (or lack of availability) of any external websites or resources or their content, and makes no representations or warranties of any kind regarding such external websites or resources. Furthermore, Offleash’d is not responsible for, and does not endorse or recommend, any products or services that may be offered by third-party websites or resources.
If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Offleash’d is not responsible or liable for such third parties’ terms, errors or actions.
14. LIMITATION OF LIABILITY
Our liability (and the liability of all Offleash’d Parties) is hereby limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OFFLEASH’D, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, “OFFLEASH’D PARTIES”) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR ARISING OUT OF: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY ENGAGEMENT, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES OR ANY ENGAGEMENT; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF OFFLEASH’D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Any OFFLEASH’D PARTY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO OFFLEASH’D FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST ANY OFFLEASH’D PARTY, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. DISPUTE RESOLUTION SECTION
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
A. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please contact Offleash’d Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Offleash’d or any Offleash’d Party arising from your use of the Services or these Terms, these Terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “Offleash’d” shall include all Offleash’d Parties.
Offleash’d values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to email@example.com, and via mail to the following address: 15600 NE 8th St., Suite B1 #288, Bellevue, WA 98008
If Offleash’d has a Dispute with you, Offleash’d agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account.
Your Notice must contain all of the following information: (1) your full name; (2) information that enables Offleash’d to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective.
Our Notice must also describe its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Offleash’d agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Offleash’d requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. If you request a telephone conference to discuss our Dispute with you, Offleash’d agrees to have one representative participate. If the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Offleash’d may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Offleash’d engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, Judicial Arbitration and Mediation Services (“JAMS”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.
B. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND OFFLEASH’D EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND OFFLEASH’D EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST OFFLEASH’D.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND OFFLEASH’D AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
C. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any dispute, claim, or controversy between you and Offleash’d (that is not resolved informally by Offleash’d or as provided above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Offleash’d may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Offleash’d challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to our other contracting parties.
Any court proceeding to enforce this Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against Offleash’d (except for small claims court actions) may be commenced only in the federal or state courts located in King County, Washington. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
D. INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTION PROTOCOLS
This subsection applies to Disputes that are submitted to JAMS after fully completing the informal Notice and Dispute resolution process described above and when no small claims court election is made by either Party. Any arbitration between you and Offleash’d shall be administered by JAMS in accordance with JAMS’ then-current comprehensive dispute resolution rules and procedures (the “JAMS Rules”) in effect at the time any demand for arbitration is filed with JAMS, as modified by this Section 15. For a copy of the JAMS Rules, please visit https://www.jamsadr.com/rules-comprehensive-arbitration/. If JAMS is unable or unwilling to perform its duties under this Agreement, the parties shall mutually agree on an alternative administrator that will replace JAMS and assume JAMS role consistent with this Agreement. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume JAMS; duties under this Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
1. Commencing an Arbitration. To initiate an arbitration, you or Offleash’d shall send to JAMS a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and JAMS Rules. If you send a Demand for Arbitration, you shall also send it to Offleash’d at the contact address at the end of these Terms, within 10 days of delivery of the Demand for Arbitration to JAMS. If Offleash’d sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Section 15 or if either Party elects small claims court as set forth above.
2. Fees. The payment of all fees shall be governed by the JAMS Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the JAMS fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law.
4. Dispositive Motions. The Parties agree that the Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
5. Discovery. Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Arbitrator resolves the dispute. In the event either Party requests that the Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
6. Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
7. Arbitration Hearing – You and Offleash’d are entitled to a fair evidentiary hearing (i.e. trial) before the Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Arbitrator for good cause, will result in a default judgment taken against that Party.
8. Arbitration Award – Regardless of the format of the arbitration, the Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Offleash’d and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the JAMS Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
9. Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Arbitrator until after the Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
E. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or Offleash’d prior to the time of your consent to this Agreement and to any claims that accrue against you or Offleash’d after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against Offleash’d prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: firstname.lastname@example.org. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Offleash’d after your consent to this Agreement in accordance with this Dispute Resolution Section.
16. GOVERNING LAW
Washington law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
To the fullest extent allowable by law, the laws of the state of Washington, United States of America, without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act.
17. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in King County, Washington (except for claims filed in small claims court or another jurisdiction where prohibited by law).
Except where prohibited by law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Offleash’d that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in King County, Washington, United States of America. You and Offleash’d consent to the exercise of personal jurisdiction of courts in the State of Washington and waive any claim that such courts constitute an inconvenient forum.
You agree to indemnify Offleash’d if a claim is made against Offleash’d due to your actions.
To the extent permitted by applicable law, you hereby agree to indemnify and hold harmless, and upon our request, defend all Offleash’d Parties (each an "Offleash’d Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, "Losses"), incurred by an Offleash’d Indemnified Party and arising from or related to any of the following: (i) your breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that your Services or the distribution, sale, offer for sale, use or importation of your Services (whether alone or as an essential part of a combination), violate or infringe any third party intellectual property or proprietary rights; (iv) any claims, including but not limited to any other User claims, regarding your use of the Services; or (v) DIRECTLY OR INDIRECTLY, YOUR ACTIONS OR OMISSIONS RESULTING IN INFRINGEMENT, NEGLIGENCE, TORTIOUS ACTION, VIOLATIONS OF LAW, VIOLATIONS OF THIS AGREEMENT, IMPROPER PURPOSES, OR HARM TO THIRD PARTIES.
19. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
20. ENTIRE AGREEMENT
This Agreement supersedes and replaces any previous agreements or representations.
21. APPLICABLE STATE TERMS
Special terms apply to Users who reside in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
For Users residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.
For Users residing in California:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using a Third Party Service (e.g., Apple, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8. If you subscribed through your Apple account, refunds are handled by Apple. All other users may request a refund by contacting Offleash’d at email@example.com, or via mail to the following address: 15600 NE 8th St., Suite B1 #288, Bellevue, WA 98008, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account you may have these Terms emailed to you by sending a letter to Offleash’d. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
For Users residing in New York:
The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the User can view as many profiles as the User would like;
Upon notice in writing and delivered to Offleash’d, Inc., Users may place their subscription on hold for up to one year;
You may review the New York Dating Service Consumer Bill of Rights here.
For Users residing in North Carolina:
. You may review the North Carolina Buyer’s Rights here.
22. GOVERNMENTAL REGULATIONS
The Services may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
The Services may contain commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to Services as are granted to all other Users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
23. LIVE ENGAGEMENTS.
1. The Engagement. Offleash’d and its affiliates may organize live, in-person events or engagements for users of its Services where dogs, cats and other animals may also be present (each an “Engagement”). Your ticket or other authorization to attend or participate in any Engagement is non-transferrable. The Terms of this Section 23 supplement and are subject to the Terms between you and Offleash’d. All capitalized terms that are not otherwise defined in this Section have the definition set forth in the Terms.
2. Scheduling; Changes. All advertised times for an applicable Engagement are approximate and subject to change. It is your responsibility to make appropriate arrangements to ensure that you arrive at the venue in sufficient time in case an applicable Engagement starts early. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of use or enjoyment or other indirect loss as a result of an Engagement not running to the precise advertised times. It is your responsibility to check that an applicable Engagement has not been cancelled, rescheduled, or otherwise changed. Information on such matters will be made available on behalf of Offleash’d as soon as reasonably practicable.
3. Conduct; Searches. You must comply with any and all instructions given to you by the Company and/or all venue staff at an applicable Engagement. You must observe and comply with safety advice, rules, policies, procedures, venue signs and notices. Normal statutory rules and regulations apply and should be observed at the applicable Engagement and failure to do so may result in ejection from the applicable Engagement. Offleash’d hereby reserves the right to refuse you entry to and/or eject you from an applicable Engagement. In particular but without limitation you may be refused admission to or removed from the Event for any of the following reasons: for health and safety or licensing reasons; if you behave in a manner which has or is likely to affect the enjoyment of other persons at an applicable Engagement; if you use threatening, abusive or insulting words or mannerisms; if, in our reasonable opinion, you are acting under the influence of alcohol or drugs; or if you breach the Agreement. You and your belongings may be searched on entry to an applicable Engagement. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to an applicable Engagement without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants, weapons, and containers.
4. Likeness. By attending any applicable Engagement, and in exchange for the opportunity to participate in an applicable Engagement, you hereby grant to us an express, irrevocable, worldwide, royalty-free, transferrable, assignable, perpetual and commercial right and license to use your actual or simulated name, image, voice, caricature, biographical information and/or likeness within any film, photograph, audio and/or audiovisual recording or related work to be exploited in any and all media for any purpose at any time throughout the world, the copyright to which shall be owned solely by Offleash’d without payment or compensation to you. This includes filming by the police or security staff that may be carried out for security purposes.
5. Liability. You acknowledge and agree that you attend any applicable Engagement at your own risk. You acknowledge that dogs, cats and other animals may be present at an applicable Engagement, and, by attending an applicable Engagement, you expressly assume the risk that such dogs, cats or animals may bite, scratch or otherwise injure you or your dog, cat or other animal. You knowingly and voluntarily assume all risks and danger incidental to an applicable Engagement for which the ticket or other form of admission is issued, whether occurring before, during or after an applicable Engagement, and you hereby IRREVOCABLY AND KNOWINGLY waive any AND ALL claims for personal injury or death against us, management, facilities, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, employees, and agents on behalf of yourself and any accompanying minor. To the greatest extent permitted by law, you will defend, indemnify, and hold harmless any Offleash’d Party for any and all injuries, expenses, causes of action, claims, and damages of any kind that you or our pet may cause to other attendees and their dogs, cats and other animals arising out of or relating to your actions, failure to act, errors, omissions, gross negligence or willful misconduct. Offleash’d will not have any liability to you whatsoever for any claims, loss, damage or expenses incurred in connection with an applicable Engagement or any cancellation of any Engagement, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements or medical care made relating to an applicable Engagement or the cancellation of an applicable Engagement.
24. NOTICE FOR INQUIRIES.
Please contact us at firstname.lastname@example.org, or via mail to the following address: 15600 NE 8th St., Suite B1 #288, Bellevue, WA 98008 to report any violations of these Terms or to pose any questions regarding this Terms or the Services.