Welcome to Wag!
We provide an online venue that allows pet owner users of Wag's software, websites, online tools, and mobile applications (each and collectively the "Services") to connect with third-party pet care service provider ("Pet Care Providers").
THE TERMS AND CONDITIONS STATED BELOW (THE "TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU ("YOU", "YOUR", OR "USER") AND WAG LABS, INC., A DELAWARE CORPORATION ("WE", "US", "OUR", OR "WAG"). IN ORDER TO USE OUR SERVICE, YOU MUST AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE SET OUT BELOW. FURTHER, BY USING OUR SERVICES, OR DOWNLOADING, INSTALLING OR USING ANY ASSOCIATED SOFTWARE SUPPLIED BY WAG, YOU HEREBY ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS.
WAG RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO (A) MODIFY OR UPDATE THE SERVICE AND/OR (B) THESE TERMS, OR ITS POLICIES RELATING TO THE SERVICE, AT ANY TIME, EFFECTIVE UPON POSTING OF AN UPDATED VERSION OF THESE TERMS ON THE SERVICE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR CONSENT TO ALL SUCH CHANGES.
WAG DOES NOT PROVIDE PET CARE SERVICES OR ACT IN ANY WAY AS A PET CARE SERVICE PROVIDER. WAG HAS NO CONTROL OVER THE CONDUCT OF PET CARE PROVIDERS OR ANY OTHER USERS OF THE SERVICES, AND WAG DISCLAIMS ALL LIABILITY IN THIS REGARD.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By using Services, you expressly represent and warrant that (i) you are legally entitled to enter these Terms, (ii) you are at least 18 years old, and (iii) that you have the authority and capacity to enter into and abide by these Terms. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not access or use Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18).
Wag hereby grants you a non-exclusive, non-transferable, right to use the Services, solely for your own personal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by Wag and its licensors.
By using the Services, you agree that:
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com
You understand that use of the Services may result in charges to you for the services you receive from a Pet Care Provider. After you have received services or goods obtained through your use of the Services, Wag will facilitate your payment of the applicable charges on behalf of the Pet Care Provider, as such Pet Care Provider's limited payment collection agent. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Wag. You retain the right to request lower charges from a Pet Care Provider for services received by you from such Third Party Provider at the time you receive such services or goods. Wag will respond accordingly to any request from a Pet Care Provider to modify charges for a particular service.
All charges are due immediately and payment will be facilitated by Wag using the preferred payment method designated in your Wag account, after which Wag will send you a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Wag may, as the Pet Care Provider's limited payment collection agent, use a secondary payment method in your account, if available.
As between you and Wag, Wag reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in Wag's sole discretion. Wag will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your Wag account regardless of your awareness of such charges or the amounts thereof. Wag may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you. You may elect to cancel your request for services from a Pet Care Provider at any time prior to such Pet Care Provider's arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Pet Care Provider for the services provided. Wag does not designate any portion of your payment as a tip or gratuity to the Pet Care Provider. Any representation by Wag to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Wag provides any additional amounts, beyond those described above, to the Pet Care Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider.
The Services include functionality that is available via a mobile device ("Mobile Functionality"). For example, Mobile Functionality allows for communications between users and Pet Care Providers by phone call and SMS messaging. To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Functionality may be prohibited or restricted by your carrier, and not all Mobile Functionality may work with all carriers or devices. Certain information about your usage of the Mobile Functionality may be communicated to Wag. For example, Wag receives call data, including the date and time of the call or SMS message, the parties' phone numbers, and the content of the SMS message, and reserves the right to monitor all such information. Please note, Wag reserves the right, but has no obligation, to monitor calls between users and Pet Care Providers. By providing your mobile phone number, you agree that Wag may communicate with you using any means of communication including calls placed to your mobile phone using an automated dialing device, calls using pre-recorded messages and/or SMS, MMS, text message regarding your account. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wag account information to ensure that your messages are not sent to the person that acquires your old number.
Wag alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. These Terms are not a sale and does not convey to you any rights of ownership in or related to the the Services, or any intellectual property rights owned by Wag. The Wag name, Wag logo, and the product names associated with the Services are trademarks of Wag or third parties, and no right or license is granted to use them.
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Wag, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content,please email firstname.lastname@example.org. To learn more about the DMCA, click here.
For all User Submissions, you hereby grant Wag a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Wag account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Wag the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a "Limited Audience User Submission"), then you grant Wag the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (a "Public User Submission"), then you grant Wag the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Wag users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Wag, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
During your use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Wag and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Wag does not endorse any sites on the Internet that are linked through the Services, and in no event shall Wag or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. You recognize that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Wag disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
Wag may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Wag reserves the right to charge you a higher fee for the Services should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on Wag's website located at http://www.wagwalking.com. Wag may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold Wag, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
a. your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
b. your violation of any rights of any third party, including Pet Care Providers;
c. the actions of your pets; or
d. your use or misuse of the Services.
WAG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. WAG DOES NOT REPRESENT OR WARRANT THAT
a. THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA,
b. THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
c. ANY STORED DATA WILL BE ACCURATE OR RELIABLE,
d. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
e. ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR
f. THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WAG. WAG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WAG'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WAG IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
WAG SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAG SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PET CARE PROVIDER, EVEN IF WAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAG SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WAG'S REASONABLE CONTROL. IN NO EVENT SHALL WAG'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
WAG'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET CARE SERVICES WITH PET CARE PROVIDERS, BUT YOU AGREE THAT WAG HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET CARE SERVICES PROVIDED TO YOU BY PET CARE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Wag may give notice by means of a general notice on the Services, electronic mail to your email address on record in Wag's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Wag's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after emailing. You may give notice to Wag (such notice shall be deemed given when received by Wag) at any time by any of the following: letter sent by confirmed facsimile to Wag at the following email: Jason@wagwalking.com addressed to the attention of: Jason Meltzer.
These Terms may not be assigned by you without the prior written approval of Wag but may be assigned without your consent by Wag to
i. a parent or subsidiary
ii. an acquirer of assets
iii. a successor by merger
Any purported assignment in violation of this section shall be void.
These Terms is effective upon the use of the Services. You or Wag may terminate your participation in the Services at any time, for any reason and Wag may prohibit your use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or Wag terminate your participation or access to the Services.
These Terms shall be governed by the laws of the state of California, without regard to the choice or conflicts of law provisions of any jurisdiction.
You and Wag agree that any legal disputes or claims arising out of or related to the Terms (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of the Terms, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and Wag. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. YOU AND WAG AGREE THAT ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WORKPOP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
No joint venture, partnership, employment, or agency relationship exists between you, Wag or any third party provider as a result of these Terms or use of the Services or Software.
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of Wag to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wag in writing.
These Terms comprise the entire agreement between you and Wag and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein.
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
(a) Both you and Wag acknowledge that the Terms are concluded between you and Wag only, and not with Apple, and that Apple is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Wag, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Wag, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Wag acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Wag acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
(k) In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.