Effective Apr 3, 2023

1. Acceptance of Terms; Modifications.

These Terms of Service (the “Terms”) are a binding legal agreement between you and Paws & Kisses LLC., a company incorporated under the laws of Washington state with a registered office at 3518 Fremont Ave N. Ste. 351, Seattle, WA 98103 (“Paws & Kisses,” “we,” “us” and “our”). The Terms govern your use of our digital media interactions, resources and services for pet owners, in-person communications between pet owners and our pet Service Providers, arrangement of pet care services, and execution of pet care services (collectively, our “Paws & Kisses Services”). The Terms govern all use of Paws & Kisses Services, whether you access it from our website at https://www.PandKPets.com (or any localized version) (the “Site”), and mobile websites, our online messaging, email or phone support offerings, or any other access point we make available to you. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING PAWS & KISSES WEBSITE OR SERVICES WITHOUT AN ACCOUNT, 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 PAWS & KISSES SERVICES.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on Paws & Kisses Services, unless otherwise required by applicable law. Your continued access and use of Paws & Kisses Services after we post the modified Terms will constitute your consent to be bound by the modified Terms.

2. Paws & Kisses Services.

2.1 Nature of Paws & Kisses Services. Paws & Kisses is a Pet Service Provider for bespoke dog training, pet boarding, pet sitting, dog walking, house sitting, and other services provided by our Service Providers (“Pet Services”). Paws & Kisses Services also consists of a website, dedicated digital messaging channels, including but not limited to email and SMS messaging, and other related tools, support and services that pet owners (“Pet Owners”) and our providers of pet-related services (our “Service Providers”) can use to find, communicate with and interact with each other. Paws & Kisses Services includes educational materials for the general public, and other services. We charge fees for some aspects of Paws & Kisses Services, as described below in Section 9.

2.2 Release. Subject to Section 16 below, Paws & Kisses has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with the acts and/or omissions of our Service Providers, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

2.3 Transactions are between Pet Owners and Paws & Kisses LLC. Paws & Kisses Services may be used to find Pet Care Services and to facilitate payment between Pet Owners and us. Except for the limited refunds specified in Section 9.6, you agree that Paws & Kisses LLC and its Service Providers have 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 Paws & Kisses Services.

2.4 Bookings. Pet Owners and our Service Providers transact with each other via Paws & Kisses Services when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other

terms for provision of Pet Care Services through written invoice from Paws & Kisses Services (a

“Booking”). If you are a Pet Owner and you initiate a Booking, you agree to pay for the Pet Care Services

described in the Booking when you accept the invoice via verbal or written confirmation, or pay via the

linked online payment processor. All requests for Booking are subject to acceptance by us. We are not

obligated to accept your (or any) request and may, at our sole discretion, decline for any reason. You

acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that

Booking invoice, as acknowledged in the Booking confirmation.

2.5 Pet Owners are Solely Responsible for Evaluating our Service Providers. Pet Owners are solely

responsible for evaluating the suitability of our Service Providers for the services we offer to provide.

Though Paws & Kisses performs a review of Service Providers by utilizing industry standard tests and

trainings, and facilitates Service Provider Background Checks or Identity Verifications conducted by a

third party, any such screening is limited, and Paws & Kisses does not warrant that any such screen is

accurate, complete, conclusive or up-to-date. Similarly, while we make our best attempts to find and hire

excellent Service Providers, Paws & Kisses does not endorse reviews of our Services or Service Providers

by other Pet Owners that may be available via Paws & Kisses Services or other online media, and Paws &

Kisses makes no commitments that such reviews are accurate or legitimate.

2.6 Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their

pet after the service period identified in a Booking agree that Paws & Kisses (or our Service Provider) may,

in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law

enforcement authorities, or find other alternate care. Pet Owner agrees to reimburse Paws & Kisses

and/or the Service Provider for all costs and expenses associated with such actions. Further, Paws &

Kisses expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service

Provider’s care should Paws & Kisses 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,

Paws & Kisses 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 Paws & Kisses

not be able to contact the Pet Owner or the emergency contact, Paws & Kisses 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 Paws & Kisses 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 Paws & Kisses in connection with such transfer.

2.7 Emergencies. We recommend that Pet Owners give our Service Providers contact information where

they can be reached in the event medical care for a pet becomes necessary. Our 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 the Emergency contact of the Pet Owner released by the Pet Owner at the time of

Booking. If you are a Pet Owner, you hereby authorize our Service Provider and Paws & Kisses 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 Paws & Kisses. If our Service Provider reaches you with a request to

authorize medical care for your pet and you refuse, you release the Service Provider and Paws & Kisses

for any injury, damage or liability arising from failure to seek such care. Pet Owners are responsible for

the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Paws &

Kisses to charge your credit card or other payment method for such costs. Paws & Kisses recommends

that all users have adequate pet insurance to cover the costs of veterinary care.

2.8 Consultation Services. Paws & Kisses may offer Pet Owners and the general public phone, online chat,

video, in-person, or email training 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 Service Providers and are not veterinary, medical, or legal advice. If you use these

consultation services, you should use them only in conjunction with, and not as a substitute for,

professional veterinary care.

2.9 Google Maps. Use of Paws & Kisses Services requires use of geolocation services including Google

Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional

Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use

Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at

https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using Paws & Kisses

Services, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User").

Any unauthorized use of the Google Maps features and content may result in your suspension or

termination from Paws & Kisses Services.

3. Certification of Compliance with Applicable Law.

By accessing and using Paws & Kisses Services, you certify that you: (1) are at least 18 years of age or

the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and

regulations applicable to your activities conducted through, or related to, Paws & Kisses Services.

● For Pet Owners, this means, among other things, that you will ensure that your pets are

vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or

regulations; that you have obtained and will maintain any mandatory insurance policies

concerning the pets whose care you entrust to our Service Providers (and that such policies will

benefit third parties, including our Service Providers, to the same extent they benefit you).

● For our Service Providers, this means, among other things, that you certify that you are legally

eligible to provide Pet Services in the jurisdiction where you provide Pet Services; that you have

complied and will comply with all laws and regulations that are applicable to you; that you have

obtained all business licenses, business tax registrations, and permits necessary to legally

provide Pet Services; and that, when providing Pet Services, you will comply with applicable leash,

pet waste disposal, and similar and related laws.

You acknowledge that Paws & Kisses is entitled to rely on these certifications from you, is not responsible

to ensure that all users have complied with applicable laws and regulations, and will not be liable for a

user’s failure to do so.

4. Use of Paws & Kisses Services; Suspension.

4.1 Your Conduct on Paws & Kisses Services. When you use Paws & Kisses Services, you agree:

● To use Paws & Kisses Services only in a lawful manner and only for its intended purposes.

● Not to use Paws & Kisses Services to arrange for the care of: (a) exotic or inherently dangerous

pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids,

non-domesticated cats, or typically wild caught reptiles such as alligators; (b) any animal whose

ownership or third-party care is prohibited under applicable law; or (c) any animal that has a

history of, or which has been trained for, attacks on pets or people.

● Not to submit viruses or other malicious code to or through Paws & Kisses Services.

● Not to use Paws & Kisses Services, or engage with other users of Paws & Kisses Services, for

purposes that violate the law.

● Not to use Paws & Kisses Services to arrange for the provision and purchase of services with

another user, then complete transactions for those services outside of Paws & Kisses Services.

● Not to use Paws & Kisses Services for purposes of competing with Paws & Kisses or to promote

other products or services.

● Not to post reviews about our Service Providers that aren’t based on your personal experience,

that are intentionally inaccurate or misleading, or that violate these Terms.

● Not to post content or materials that are pornographic, threatening, harassing, abusive, or

defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property

rights, or violate the law or the legal rights (for example, privacy rights) of others.

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

● To use Paws & Kisses Services only for your own purposes, and not to impersonate any other

person.

● Not to transfer or authorize the use of your account for Paws & Kisses Services by any other

person, or to engage in fraudulent transactions.

● Not to provide false information in your profile on, or registration for, Paws & Kisses Services, or to

create multiple or duplicate accounts.

● Not to interfere with our provision of, or any other user’s use of, Paws & Kisses Services.

● Not to solicit another user’s username and password for Paws & Kisses Services or any other

sensitive personal information, including bank details.

4.2 Suspension and Termination. You understand and agree that we have no obligation to provide Paws &

Kisses Services in any specific location or territory, nor to continue providing it once we have begun. We

reserve the right to suspend or terminate your access to Paws & Kisses Services: (1) if in our discretion

your conduct on the Site or Paws & Kisses Services is inappropriate, unsafe, dishonest, or in breach of

these terms; or (2) if necessary in our discretion to protect Paws & Kisses, its users, pets, or the public.

You may suspend or terminate your use of Paws & Kisses Services at any time and for any reason. If you

wish to deactivate your account, please contact Paws & Kisses. Note that if you have any outstanding

payment obligations, those will survive suspension or termination of your account.

5. Registration; Account Security.

In order to use some aspects of Paws & Kisses Services, you will be required to create a username,

password, and user profile. If you elect to use Paws & Kisses Services, you agree to provide accurate

information about yourself and your pet and keep this information up-to-date. You agree not to

impersonate anyone else and not to maintain more than one account (or, if Paws & Kisses suspends or

terminates your account, not to create additional accounts). You are responsible for maintaining the

confidentiality of your username and password for Paws & Kisses Services and are responsible for all

activity under your account. You agree to notify us promptly of any unauthorized use of your account.

6. Privacy.

Our collection and use of your personal information on Paws & Kisses Services is described in our

Privacy Policy. By accessing or using Paws & Kisses Services, you acknowledge that you have read and

understand the included Privacy Policy.

7. Your Content.

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 in connection with using

Paws & Kisses Services and/or participating in promotional campaigns we conduct on the Site and

printed in local service areas (collectively, “Your Content”). For example, Service Providers may share

digitally photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of our

Service Providers.

7.2 License. Except for the limitations on our use and disclosure of personal information described in our

Privacy Policy, to the maximum extent and duration permitted under any applicable law, you grant Paws &

Kisses an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly

display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your

Content in connection with providing and/or promoting Paws & Kisses Services, and to sublicense these

rights to third parties at our discretion.

7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your

Content, you hereby waive, and release Paws & Kisses 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 Paws & Kisses Services. Our enforcement of these

Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance

does not create a waiver of our right to enforce them in another instance. We have no obligation to retain

or provide you with copies of Your Content, nor will we have any liability to you for any deletion,

disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of

Your Content.

7.6 Reviews. Paws & Kisses Services may provide the ability to leave public and/or private reviews of

users or their pets. You acknowledge we have no obligation to provide you with the content of any

reviews about you submitted by other users of Paws & Kisses Services, whether before or after

termination of your account for Paws & Kisses Services. 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 Paws & Kisses Services at any time.

8. Phone, Text and Mobile Communications.

8.1 Consent to Autodialed Text Messages This section 8.1 applies only to users in the United States. You

consent to Paws & Kisses communicating with you about Paws & Kisses Services by SMS, text message,

email and other electronic means, including autodialed text messages containing service information

even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates

and fees will apply to these communications. You are not required to provide this consent to receive

marketing messages as a condition of purchasing anything or using Paws & Kisses Services, and you

may opt-out of receiving these messages at any time as described in our Privacy Policy (though you may

continue to receive messages while Paws & Kisses processes your request).

8.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you

agree to update your Paws & Kisses account information promptly to ensure that messages are not sent

to the person who acquires your old number.

9. Fees & Payment.

9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, Paws

& Kisses Services are listed and payable in local currency.

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. As described in Sections 9.3 and 9.4, the total amount Pet Owners are charged for a Booking

may also include a service fee payable to Paws & Kisses. Where required by law, the amount charged will

also be inclusive of applicable taxes.

9.3 Fees for our Service Providers. Our Service Providers may agree to provide Pet Care Services to a Pet

Owner by agreeing to a Booking as described in Section 2.5. Once the Booking is completed by both

parties, Service Providers agree to honor the price set forth in the applicable Booking. The purchase of

Pet Care Services is a transaction between the Pet Owner and Paws & Kisses. We will (either directly or

indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking

and (except to the extent of any payment hold pursuant to Section 9.7) initiate payment to the Service

Provider’s account on the following Monday after completion of the service period indicated in the

Booking. If the following Monday is a bank holiday, the initiation of payment will be on the next viable

business day. As agreed upon when hired, our Service Providers are charged a service fee as described in

Section 9.4. Where required by law, the amount charged will also be inclusive of applicable taxes.

9.4 Service Fees. We charge service fees for some aspects of Paws & Kisses Services. If you are a

Service Provider, except where otherwise specified via Paws & Kisses Services, our service fee is

calculated as a percentage of the fees a Pet Owner agrees to pay to you in a Booking and is collected

from each Booking. Our service fees are currently a flat 10% of the pre-tax booking rate collected.

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 of $250. In addition, you agree to

indemnify Paws & Kisses 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 & Refunds.

● Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the

service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care

Services not provided, as well as any service charge paid to Paws & Kisses.

● Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period

specified in a Booking, we will refund fees in accordance with the cancellation policy selected by

the Service Provider on the applicable Paws & Kisses Services invoice. All our Service Providers

are required to select a cancellation policy prior to completing a Booking so that Pet Owners are

aware of the cancellation policy prior to Booking.

● Force Majeure. The cancellation policies described herein may not apply in the event of certain

emergency situations beyond the control of our Service Providers and/or Pet Owners that make it

impossible or impractical to perform agreed Bookings, such as evacuations resulting from

earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Paws &

Kisses may, in its reasonable discretion, issue refunds under terms that vary from a Service

Provider’s selected cancellation policy.

● Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service

Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in

breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue

a full or partial refund to a Pet Owner.

● General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms

available through Paws & Kisses Services to do so. For purposes of the policies and terms in this

Section 9.6, the date of cancellation is the date that a user cancels through Paws & Kisses

Services via written communication, regardless of any separate communications.

● Payment Disputes; Payment Outside of Paws & Kisses Services. Paws & Kisses initiates payments

to our Service Providers each Monday after the completion of a Booking. Once these amounts

have been disbursed, any further payment disputes are between the Pet Owner and Service

Provider, and Paws & Kisses has no obligation to mediate or facilitate any resolution. Further,

Paws & Kisses has no responsibility or liability with respect to any tips, bonuses, or other

payments made outside of Paws & Kisses Services.

9.7 Payment Holds. If you are a Service Provider, Paws & Kisses 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 Paws &

Kisses, the Paws & Kisses community or third party rights. We may also recommend that third party

payments to our Service Providers restrict your access to funds in your account under the same

circumstances.

9.8 Authorization to Charge. When Pet Owners pay for Pet Care Services or for other services via Paws &

Kisses Services, you will be may be required to provide us with valid, up-to-date credit card or other

payment information and to maintain that payment information (or an acceptable alternative payment

method) on file with your account so long as you have any outstanding, confirmed Bookings. You

authorize us to charge your credit card or other payment method for fees you incur on Paws & Kisses

Services as they become due and payable, and to charge any alternative payment method Paws & Kisses

has on record for you in the event your primary payment method is expired, invalid, or otherwise not able

to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge

you for fees when due because your payment information is no longer valid, or if we do not receive your

payment when due, then you understand that neither Paws & Kisses nor our Service Providers will be

responsible for any failure to provide services associated with those fees. Except as expressly provided in

these Terms, all fees paid via Paws & Kisses Services are non-refundable once paid.

9.9 Taxes. Except for taxes on Paws & Kisses’s income and gross receipts or where Paws & Kisses is

otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable

taxes that arise as a result of your purchase, provision, or use of Pet Care Services via Paws & Kisses

Services. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or

received by you through Paws & Kisses Services.

9.10 Payment Processing. Payment processing services for Pet Owners and affiliated users are provided

by Stripe and subject to the Stripe Services Agreement (available at https://stripe.com/us/legal), and, if

you are receiving payments via Paws & Kisses Services, the Stripe Connected Account Agreement

(available at https://stripe.com/us/connect-account/legal) (collectively, the “Stripe Terms”). By using

Paws & Kisses Services to receive payment, you will be asked to set up a Stripe account and accept the

Stripe Terms. You authorize Paws & Kisses to obtain all necessary access to, and perform all necessary

activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate

payment related to Pet Care Services you purchase or provide. You further agree to provide accurate and

complete information about you and your business, and authorize Paws & Kisses to share it and

transaction information with Stripe for the purposes of facilitating the payment processing services

provided by Stripe. Paws & Kisses reserves the right to switch payment processing vendors or use

alternate or backup vendors in its discretion.

10. Background Checks and Identity Verifications.

Paws & Kisses may provide our Service Providers with access to third party consumer reporting agencies

that perform, among other things, personal identification verification services (“Identity Verification”) or

criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification

verifications (collectively, “Background Checks”). Outside of the US and Canada, these services are

limited to Identity Verification. We do not provide, and are not responsible or liable in any manner for, the

Background Checks or Identity Verifications, and we do not endorse or make any representations or

warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy,

timeliness or completeness of any information in the Background Checks or Identity Verifications. We do

not independently verify information in the Background Checks or Identity Verifications.

If you undergo a Background Check or Identity Verification via Paws & Kisses Services, you hereby

consent to the collection, use and disclosure of the information in the Background Check or Identity

Verification, and you agree to provide complete and accurate information for your Background Check or

Identity Verification. You understand and agree that Paws & Kisses may, in its sole discretion, review and

rely on the information in the Background Check or Identity Verification in deciding whether to suspend or

terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so,

and are not responsible or liable in any way in the event that any information in any Background Check or

Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or

Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the

accuracy, timeliness or completeness of such information. You agree that Paws & Kisses’s rights and

obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used

for Background Checks or Identity Verification in respect of any claim that would be subject to the

Arbitration Agreement if brought against us. Paws & Kisses reserves the right to suspend or terminate

your access to Paws & Kisses Services based on information in the Background Check or Identity

Verification or for any other reason, or no reason, in our sole discretion.

Pet Owners remain fully responsible to evaluate and investigate our Service Providers. Be aware of the

following limitations in Background Checks: Except as otherwise expressly provided in these Terms or

through the Service, Paws & Kisses does not automatically run Background Checks on any Users.

Background Checks may vary by type, breadth and depth. Records not available to third-party

Background Check agencies will not be included in the results. Not all arrest logs and records,

conviction and correction records, sex offender registries and motor vehicle records are available in all

jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and

correction records, sex offender registries and motor vehicle records are included in Background

Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore

not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions

in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic

violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions

where traffic violations are reported as criminal offenses, such traffic violations may be included in the

results as misdemeanors or felonies.

11. Copyright Infringement.

Paws & Kisses follows the procedures of the Digital Millennium Copyright Act. We will respond to

claims of copyright infringement that are reported in accordance with this Section. It is our policy, in

appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or

are repeatedly charged with infringing others’ copyrights or other intellectual property rights.

If you believe in good faith that your copyrighted work has been infringed by content posted on Paws &

Kisses Services, please provide us with a written notice that includes all of the following information:

● A description of the copyrighted work you believe to have been infringed;

● A description of the URL or other location on our Site of the material you believe to be infringing;

● Your name, mailing address, telephone number and email address;

● A statement that you have a good faith belief that the disputed use is not authorized by the

copyright owner, its agent, or the law;

● A statement by you, which you make under penalty of perjury, that the above information in your

notice is accurate, and that you are the copyright owner or authorized to act on the copyright

owner’s behalf; and

● An electronic or physical signature of the person authorized to act on behalf of the copyright

owner.

12. Third Party Services, Links.

Paws & Kisses Services may contain links to third party websites or resources. You acknowledge and

agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or

resources; or (ii) the content, products, or services on or available from such websites or resources. Links

to such websites or resources do not imply any endorsement of such websites or resources, or the

content, products, or services available from such websites or resources. You acknowledge sole

responsibility for and assume all risk arising from your use of any such websites or resources.

13. Indemnity.

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE

PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PAWS & KISSES

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 Paws & Kisses Services; (2) breach of these Terms; (3) disputes with other users of

Paws & Kisses Services; (4) your misstatements, misrepresentations, or violation of applicable law; (5)

property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your

Content; or (7) your use of any Background Check or Identify Verification information in violation of any

applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH

CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY

MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY

SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

14. Intellectual Property.

14.1 Paws & Kisses Services. Paws & Kisses and its licensors retain all right, title and interest in and to

Paws & Kisses Services, the technology and software used to provide it, all electronic documentation and

content available through Paws & Kisses Services (other than Your Content), and all intellectual property

and proprietary rights in Paws & Kisses Services and such technology, software, documentation and

content. Except for your rights to access and use Paws & Kisses Services 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 Paws & Kisses

Services any feedback or suggestions for improvement that you provide to us concerning Paws & Kisses

Services, without any obligation of compensation.

14.2 Paws & Kisses Trademarks. Paws & Kisses owns all rights in and to its trademarks, service marks,

brand names and logos (the “Paws & Kisses Marks”). If you are a Service Provider, Paws & Kisses grants

you, for so long as you are in good standing on Paws & Kisses Services, a limited, revocable,

non-exclusive, non-transferable license to use the Paws & Kisses Marks solely: (1) in the form

incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made

available for purchase via the Paws & Kisses Store and/or (2) in any other manner specifically authorized

in writing via Paws & Kisses Services. As a condition of exercising such license, you agree that (1) all

goodwill associated with your use of the Paws & Kisses Marks inures solely to the benefit of Paws &

Kisses, and (2) such license immediately terminates upon your ceasing to be our Service Provider in good

standing, whether at your own option or because Paws & Kisses suspends or terminates your rights to

use Paws & Kisses Services.

15. Warranty Disclaimer for Paws & Kisses Services.

The information and materials found on Paws & Kisses Services, 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 Paws & Kisses Services, but not directly by

Paws & Kisses, are those of their respective authors, who are solely responsible for such content. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAWS & KISSES DOES NOT: (1) WARRANT THE

ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON PAWS & KISSES

SERVICES; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF

ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PAWS & KISSES; (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 PAWS & KISSES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE

LAW, PAWS & KISSES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR

STATUTORY, WITH RESPECT TO PAWS & KISSES, 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 PAWS & KISSES

SERVICES.

16. Limitation of Liability.

16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in

no event will Paws & Kisses be liable to you for any indirect, special, incidental, or consequential

damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar

losses or expenses that arise out of or relate to the use of or inability to use Paws & Kisses Services,

including without limitation damages related to any information received from Paws & Kisses Services,

removal of your profile information or review (or other content) from Paws & Kisses Services, any

suspension or termination of your access to Paws & Kisses Services, or any failure, error, omission,

interruption, defect, delay in operation or transmission of Paws & Kisses Services, 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 WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL

PAWS & KISSES’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM

OR RELATING TO PAWS & KISSES SERVICES OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO

PAWS & KISSES (SPECIFICALLY EXCLUDING AMOUNTS PAID TO OUR SERVICE PROVIDERS) DURING THE

TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT

PAID PAWS & KISSES FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT

IN LOCAL CURRENCY).

16.3 No Liability for non-Paws & Kisses Actions. TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, IN NO EVENT WILL PAWS & KISSES 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 PAWS &

KISSES SERVICES, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY,

DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON

INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH PAWS & KISSES SERVICE, OR

FOR ANY INTERACTIONS WITH OTHER USERS OF PAWS & KISSES SERVICES, WHETHER ONLINE OR

OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS

WHO ATTEMPT TO DEFRAUD OR HARM YOU.

IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR PET OWNER, YOU AGREE TO RELEASE PAWS &

KISSES FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN,

ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL PAWS &

KISSES BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR SERVICE PROVIDER

FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

17. Arbitration Agreement.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN

DISPUTES AND CLAIMS WITH PAWS & KISSES 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 Paws & Kisses (together, the “Parties”) agree that any and all disputes or

claims that arise between you and Paws & Kisses relating to Paws & Kisses Services, interactions with

others on Paws & Kisses Services, 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 PAWS &

KISSES 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 PAWS & KISSES 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 PAWS & KISSES SERVICES 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 hello@pandkpets.com or by mail at

Paws & Kisses LLC, 3518 Fremont Ave. N. Ste. 351, Seattle, WA 98103. 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 in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined

Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute

Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in

effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at

https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at

https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You

either acknowledge and agree that you have read and understand the Rules or waive your opportunity to

read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any

inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement

will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement

terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of

these Terms as a court would, including without limitation, the limitation of liability provisions in Section

16. Although arbitration proceedings are usually simpler and more streamlined than trials and other

judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a

court can award to an individual under the Terms and applicable law. The arbitrator shall submit a

decision in writing, specifying the findings of fact and the conclusions of law on which the decision is

based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court

only for very limited reasons.

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 USD (or equivalent in local currency) or less, you or Paws & Kisses

may elect to have the arbitration conducted by telephone or based solely on written submissions, which

election will be binding on you and Paws & Kisses 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 Paws & Kisses, 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 Paws & Kisses

users, but is bound by rulings in prior arbitrations involving the same Paws & Kisses user to the extent

required by applicable law. As limited by applicable law, 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 Paws & Kisses, 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, Paws & Kisses will pay 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, Paws & Kisses 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 Paws & Kisses for all fees associated with the arbitration paid by Paws

& Kisses on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR 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. The Opt-Out Notice

must be postmarked no later than 30 days after the date you accept these Terms for the first time. You

must mail the Opt-Out Notice to Paws & Kisses LLC, 3518 Fremont Ave. N. Ste.351, Seattle, WA 98103.

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 Paws & Kisses Services 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 18.

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 Paws & Kisses 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

Paws & Kisses prior to the effective date of removal.

18. Governing Law and Jurisdiction.

18.1 For users in the United States and Canada, these Terms, and any dispute between you and Paws &

Kisses, will be governed by the laws of the State of Washington, 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, or except where prohibited by applicable

law, 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 Paws & Kisses must be resolved

exclusively by a state or federal court located in the State of Washington. You and Paws & Kisses agree to

submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of

litigating all such claims or disputes..

19. Miscellaneous.

Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal

representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any

third party as having, any authority to make any statements, representations or commitments of any kind,

or to take any action, that will be binding on the other, except as provided for herein or authorized in

writing by the party to be bound. These Terms are non-exclusive and do not prohibit our Service Providers

from offering pet care services via other means or third parties. The invalidity, illegality or unenforceability

of any term or provision of these Terms will in no way affect 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. To the maximum extent possible under

applicable local law, this Agreement will be binding on and will inure to the benefit of the legal

representatives, successors and assigns of the parties hereto.

For questions or concerns about Paws & Kisses Services or these Terms, please refer to the Paws &

Kisses website or send an email to hello@pandkpets.com