StableMates, LLC’s Terms of Service:
Effective: Jan 1, 2021
-
Acceptance of Terms; Modifications. These
Terms of Service (the “Terms”) are a binding
legal agreement between you and StableMates,
LLC, Inc., a company incorporated under the laws
of Ohio with a registered office at 63 Murnane
Street, Westerville, OH 43081 (“StableMates,
LLC,” “we,” “us” and “our”). The Terms govern
your use of our software applications, resources
and services for pet owners (customers) and pet
service providers (caretakers) to find each
other, communicate with each other, and arrange
for the provision of pet care services
(collectively, our “StableMates, LLC Service”).
The Terms govern all use of the StableMates, LLC
Service, whether you access it from our website
at https://www.StableMates.org (or any localized
version) (the “Site”), our mobile applications
and mobile websites, our Facebook application,
our online or phone support offerings, or any
other access point we make available to you. Our
StableMates, LLC Terms and other Policies
applicable to your use of the StableMates, LLC
Service are incorporated into these Terms of
Service. BY AGREEING TO THESE TERMS DURING THE
ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING
THE StableMates, LLC SERVICE 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 THE
STABLEMATES, LLC SERVICE.
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 the StableMates, LLC Service, unless otherwise required by applicable law. Your continued access and use of the StableMates, LLC Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
-
StableMates, LLC Service.
-
2.1 Nature of the StableMates, LLC
Service. StableMates, LLC Service consists
of a desktop Web application, mobile
applications, and other related tools,
support and services that pet owners (“Pet
Owners”) and (“Customers”) and providers of
pet-related services (“Service Providers”)
and (“Caretakers”) and can use to find,
communicate with and interact with each
other. StableMates, LLC Service includes our
emergency support services, educational
materials for Service Providers, and other
services. We charge fees for some aspects of
the StableMates, LLC Service, as described
below in Section 9.
-
2.2 StableMates, LLC does not provide
Pet Care Services.. StableMates, LLC is a
neutral venue for Service Providers and Pet
Owners. StableMates, LLC is not a Service
Provider and, except for emergency phone
support and other resources and support
specifically described in the StableMates,
LLC Service, does not provide pet care
services. We make no representations or
warranties about the quality of boarding,
pet sitting, dog walking, house sitting, or
other services provided by Service Providers
(“Pet Care Services”), or about your
interactions and dealings with users.
Service Providers listed on StableMates, LLC
are not under the direction or control of
StableMates, LLC, and Service Providers
determine in their own discretion how to
provide Pet Care Services. Though we provide
general guidance on our Site to Service
Providers about safety and pet care and to
Pet Owners about selecting and engaging
Service Providers, StableMates, LLC does not
employ, recommend or endorse Service
Providers or Pet Owners, and, to the maximum
extent permitted by applicable law, we will
not be responsible or liable for the
performance or conduct of Service Providers
or Pet Owners, whether online or offline. We
conduct an initial review of Service
Provider profiles and we facilitate
Background Checks or Identification
Verifications (each as described in Section
10, below) on Service Providers conducted by
a third party, but, except where explicitly
specified in the StableMates, LLC Service
(and then only to the extent specified), do
not otherwise screen Service Providers or
Pet Owners. You should exercise caution and
use your independent judgment before
engaging a Service Provider, providing Pet
Care Services, or otherwise interacting with
users via the StableMates, LLC Service. Pet
Owners and Service Providers are solely
responsible for making decisions that are in
the best interests of themselves and their
pets. For example, each user of the
StableMates, LLC Service is responsible for
keeping current his or her own pet’s
vaccinations, and we will have no liability
for anyone’s failure to vaccinate his or her
pet.
-
2.3 Release. Subject to Section 16
below, our liability for any claims,
injuries, loss, harm and/or damages arising
from and/or in any way related to your
interactions or dealings with other users
and the acts and/or omissions of Service
Providers and Pet Owners, whether online or
offline, is limited to the amounts and
obligations set forth in the StableMates,
LLC Guarantee. You acknowledge and agree
that, except to the extent we have liability
under the StableMates, LLC Guarantee, and to
the maximum extent permitted by the
applicable law, YOUR USE AND/OR PROVISION OF
PET CARE SERVICES IS AT YOUR SOLE AND
EXCLUSIVE RISK.
-
2.4 Transactions are between Pet Owners
and Service Providers. The StableMates, LLC
Service may be used to find and offer Pet
Care Services and to facilitate payment, but
all transactions conducted via the
StableMates, LLC Service are between Pet
Owners and Service Providers. Except for the
limited refunds and “Reservation Protection”
specified in Section 9.6 and the
StableMates, LLC Guarantee, you agree that
StableMates, LLC has no liability for
damages associated with Pet Care Services
(which may include bodily injury to, or
death of, a pet) or resulting from any other
transactions between users of the
StableMates, LLC Service.
-
2.5 Bookings. Pet Owners and Service
Providers transact with each other on the
StableMates, LLC Service when they both
agree to a “booking” that specifies the
fees, time period, cancellation policy, and
other terms for provision of Pet Care
Services via the booking mechanism provided
on the StableMates, LLC Service (a
“Booking”). A Booking may be initiated by
either a Service Provider or a Pet Owner by
selecting the type(s) of Pet Care Services
to be provided and then following the
prompts that appear on-screen. 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 click
“Request & Pay.” If you are a Pet Owner and
a Service Provider initiates a Booking, you
agree to pay for the Pet Care Services
described in the Booking when you click “Pay
Now.” All requests are subject to acceptance
by the receiving party. The receiving party
is not obligated to accept your (or any)
request and may, at their 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, as acknowledged in the Booking
confirmation.
-
2.6 Pet Owners are Solely Responsible
for Evaluating Service Providers. Pet Owners
are solely responsible for evaluating the
suitability of Service Providers for the
services they offer to provide. Please visit
the Help Center for guidance about making
informed decisions about engaging Service
Providers. Though StableMates, LLC performs
a limited review of Service Provider
profiles and facilitates Service Provider
Background Checks or Identity Verifications
conducted by a third party, any such
screening is limited, and StableMates, LLC
does not warrant that any such screen is
accurate, complete, conclusive or
up-to-date. Similarly, StableMates, LLC does
not endorse reviews of Service Providers by
other Pet Owners that may be available via
the StableMates, LLC Service, and
StableMates, LLC makes no commitments that
such reviews are accurate or legitimate.
-
2.7 Abandoned Pets; Re-homing. Pet
Owners who arrange for Pet Care Services and
fail to retrieve their pet after the service
period identified in a Booking agree that
StableMates, LLC (or the 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 StableMates,
LLC and/or the Service Provider for all
costs and expenses associated with such
actions. Further, StableMates, LLC expressly
reserves the right, in its sole discretion,
to remove a Pet Owner’s pet from a Service
Provider’s care should StableMates, LLC 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,
StableMates, LLC 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 StableMates, LLC
not be able to contact the Pet Owner or the
emergency contact, StableMates, LLC 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 StableMates, LLC 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 StableMates, LLC in
connection with such transfer.
-
2.8 Emergencies. We recommend that Pet
Owners give their Service Providers contact
information where they can be reached in the
event medical care for a pet becomes
necessary. Service Providers agree to
immediately contact Pet Owners in the event
such care becomes necessary or, if the Pet
Owner is not available, to contact
StableMates, LLC at the applicable telephone
number or email address listed in the table
at the end of these Terms. If you are a Pet
Owner, you hereby authorize your Service
Provider and StableMates, LLC 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 StableMates,
LLC. If your Service Provider reaches you
with a request to authorize medical care for
your pet and you refuse, you release the
Service Provider and StableMates, LLC for
any injury, damage or liability arising from
failure to seek such care, including from
reimbursement that may otherwise have been
available under the StableMates, LLC
Guarantee. Pet Owners are responsible for
the costs of any such medical treatment for
pets and, if you are a Pet Owner, you hereby
authorize StableMates, LLC to charge your
credit card or other payment method for such
costs. In certain circumstances, a Pet Owner
may be eligible for reimbursement under the
StableMates, LLC Guarantee. StableMates, LLC
recommends that all users have adequate pet
insurance to cover the costs of veterinary
care.
-
2.9 Consultation Services. StableMates,
LLC may offer Pet Owners and Service
Providers phone, chat, or email veterinary
consultation services from a third party to
provide an educational resource for
decisions you make about your own pets or
pets in your care. These consultation
services are provided by a third party, and
are not a part of the StableMates, LLC
Service. If you use these third party
consultation services, you should use them
only in conjunction with, and not as a
substitute for, professional veterinary
care. You agree to resort solely to the
applicable third party consultation service
in the event of any claims arising from
their services.
-
2.10 Google Maps. Use of the
StableMates, LLC Service requires use of
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
the StableMates, LLC Service, 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 the
StableMates, LLC Service.
-
2.1 Nature of the StableMates, LLC
Service. StableMates, LLC Service consists
of a desktop Web application, mobile
applications, and other related tools,
support and services that pet owners (“Pet
Owners”) and (“Customers”) and providers of
pet-related services (“Service Providers”)
and (“Caretakers”) and can use to find,
communicate with and interact with each
other. StableMates, LLC Service includes our
emergency support services, educational
materials for Service Providers, and other
services. We charge fees for some aspects of
the StableMates, LLC Service, as described
below in Section 9.
-
Compliance with Applicable Law. By accessing
and using the StableMates, LLC Service, 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, the
StableMates, LLC Service.
-
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 Service
Providers (and that such policies will
benefit third parties, including Service
Providers, to the same extent they benefit
you).
-
For Service Providers, this includes
that you are legally eligible to provide Pet
Care Services in the jurisdiction where you
provide Pet Care 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 and
permits necessary to legally provide Pet
Care Services; and that, when providing Pet
Care Services, you will comply with
applicable leash, pet waste disposal, and
similar laws.
You acknowledge that StableMates, LLC is entitled to rely on these commitments 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.
-
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 Service
Providers (and that such policies will
benefit third parties, including Service
Providers, to the same extent they benefit
you).
-
Use of the StableMates, LLC Service;
Suspension.
-
4.1 Your Conduct on the StableMates, LLC
Service. When you use the StableMates, LLC
Service, you agree:
- To use the StableMates, LLC Service only in a lawful manner and only for its intended purposes.
- Not to use the StableMates, LLC Service 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, alligators, horses or other livestock; (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 the StableMates, LLC Service.
- Not to use the StableMates, LLC Service, or engage with other users of the StableMates, LLC Service, for purposes that violate the law.
- Not to use the StableMates, LLC Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the StableMates, LLC Service.
- Not to use the StableMates, LLC Service for purposes of competing with StableMates, LLC or to promote other products or services.
- Not to post reviews about 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 the StableMates, LLC Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the StableMates, LLC Service by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile on, or registration for, the StableMates, LLC Service, or to create multiple or duplicate accounts.
- Not to interfere with our provision of, or any other user’s use of, the StableMates, LLC Service.
-
Not to solicit another user’s
username and password for the
StableMates, LLC Service 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 the StableMates, LLC
Service 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 the
StableMates, LLC Service: (1) if in our
discretion your conduct on the Site or
StableMates, LLC Service is inappropriate,
unsafe, dishonest, or in breach of these
terms; or (2) if necessary in our discretion
to protect StableMates, LLC, its users,
pets, or the public. You may suspend or
terminate your use of the StableMates, LLC
Service at any time and for any reason. If
you wish to deactivate your account, please
contact StableMates, LLC. Note that if you
have any outstanding payment obligations,
those will survive suspension or termination
of your account.
-
4.1 Your Conduct on the StableMates, LLC
Service. When you use the StableMates, LLC
Service, you agree:
-
Registration; Account Security. In order to
use some aspects of the StableMates, LLC
Service, you will be required to create a
username, password, and user profile. If you
elect to use the StableMates, LLC Service, you
agree to provide accurate information about
yourself and keep this information up-to-date.
You agree not to impersonate anyone else and not
to maintain more than one account (or, if
StableMates, LLC suspends or terminates your
account, not to create additional accounts). You
are responsible for maintaining the
confidentiality of your username and password
for the StableMates, LLC Service and are
responsible for all activity under your account.
You agree to notify us promptly of any
unauthorized use of your account.
-
Privacy. Our collection and use of your
personal information on the StableMates, LLC
Service is described in our Privacy Statement.
By accessing or using the StableMates, LLC
Service, you acknowledge that you have read and
understand the Privacy Statement.
-
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 on the
StableMates, LLC Service or otherwise in
connection with using the StableMates, LLC
Service and/or participating in promotional
campaigns we conduct on the Site
(collectively, “Your Content”). For example,
Service Providers are invited to create a
profile page with a photograph and other
information and to transmit photos of the
dogs under their care to Pet Owners, while
Pet Owners may submit reviews of Service
Providers.
-
7.2 License. Except for the limitations
on our use and disclosure of personal
information described in our Privacy
Statement, to the maximum extent and
duration permitted under any applicable law,
you grant StableMates, LLC 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
the StableMates, LLC Service, and to
sublicense these rights to third parties.
-
7.3 Release. If your name, voice, image,
persona, likeness, or performance is
included in any of Your Content, you hereby
waive, and release StableMates, LLC and its
users from, any claim or cause of action,
whether known or unknown, for defamation,
copyright infringement, invasion of the
rights of privacy, publicity, or
personality, or any similar claim arising
out of the use of Your Content in accordance
with the license in Section 7.2 and the
other provisions of these Terms.
-
7.4 Your Representations and Warranties
about Your Content. You represent and
warrant that (1) you are the owner or
licensor of Your Content, and that you have
all rights, consents and permissions
necessary to grant the license in Section
7.2 and make the release in Section 7.3 with
respect to Your Content, (2) that you have
any necessary consents and releases from
individuals who appear or whose pets appear
in Your Content; and (3) Your Content does
not violate the law or these Terms.
-
7.5 Right to Remove or Screen Your
Content. Though we are not obligated to do
so, we reserve the right to monitor, screen,
edit and/or remove Your Content on the
StableMates, LLC Service. Our enforcement of
these Terms with respect to Your Content is
at our discretion, and failure to enforce
the Terms in one instance does not create a
waiver of 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. The StableMates, LLC
Service may provide the ability to leave
public and/or private reviews of users or
their pets. You acknowledge that even
private reviews may be shared with third
parties in accordance with applicable law
and our Privacy Statement and that
StableMates, LLC has no obligation to
preserve or indefinitely store any reviews.
If you are a Service Provider, we have no
obligation to provide you with the content
of any reviews about you submitted by other
users of the StableMates, LLC Service,
whether before or after termination of your
account for the StableMates, LLC Service. We
will have no liability to you for any
deletion, disclosure, loss or modification
of these reviews. We reserve the right to
screen, edit or remove these reviews from
the StableMates, LLC Service at any time.
-
7.1 Your Content. We may require or
allow you (or someone else on your behalf)
to submit or upload text, photographs,
images, videos, reviews, information and
materials to your profile on the
StableMates, LLC Service or otherwise in
connection with using the StableMates, LLC
Service and/or participating in promotional
campaigns we conduct on the Site
(collectively, “Your Content”). For example,
Service Providers are invited to create a
profile page with a photograph and other
information and to transmit photos of the
dogs under their care to Pet Owners, while
Pet Owners may submit reviews of Service
Providers.
-
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
StableMates, LLC communicating with you
about the StableMates, LLC Service by SMS,
text message, email and other electronic
means, including autodialed text messages
containing service information and/or
marketing messages, 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 the StableMates, LLC
Service, and you may opt-out of receiving
these messages at any time as described in
our Privacy Statement (though you may
continue to receive messages while
StableMates, LLC 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
StableMates, LLC account information
promptly to ensure that messages are not
sent to the person who acquires your old
number.
-
8.1 Consent to Autodialed Text Messages
This section 8.1 applies only to users in
the United States. You consent to
StableMates, LLC communicating with you
about the StableMates, LLC Service by SMS,
text message, email and other electronic
means, including autodialed text messages
containing service information and/or
marketing messages, 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 the StableMates, LLC
Service, and you may opt-out of receiving
these messages at any time as described in
our Privacy Statement (though you may
continue to receive messages while
StableMates, LLC processes your request).
-
Fees & Payment.
-
9.1 Currency. All fees, deductible
amounts and other payments referenced on, or
charged through, the StableMates, LLC
Service 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
StableMates, LLC. Where required by law, the
amount charged will also be inclusive of
applicable taxes. The Service Provider, not
StableMates, LLC, is responsible for
performing the Pet Care Services.
-
9.3 Fees for Service Providers. Service
Providers may agree to provide Pet Care
Services to a Pet Owner by agreeing to a
Booking as described in Section 2.5. If you
are a Service Provider, you must confirm the
Booking before it expires or the Pet Owner
will have no obligation to complete the
transaction. Once the Booking is completed
by both parties, you agree to honor the
price set forth in your Booking. The
purchase of Pet Care Services is a
transaction between the Pet Owner and the
Service Provider. StableMates, LLC’s role is
to facilitate the transaction. 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 48 hours
after completion of the service period
indicated in the Booking. Service Providers
are charged a service fee as described in
Section 9.4. 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 the StableMates, LLC
Service. If you are a Service Provider,
except where otherwise specified via the
StableMates, LLC Service, 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 described here.
-
9.5 Late Fees and Additional Charges. If
you are a Pet Owner, you acknowledge and
agree that, if you fail to retrieve your pet
at the end of the service period agreed in a
Booking, you will be charged for additional
service time (pro rata for each partial late
day) at the daily rate established in the
Booking. In addition, you agree to indemnify
StableMates, LLC 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.
- Reservation Protection. As more fully described on StableMates, LLC’s Reservation Protection page, StableMates, LLC can help you find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation and the type of Pet Care Services provided; consult the Reservation Protection page for details.
- 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 StableMates, LLC. If you are a Service Provider, you can appoint a substitute Service Provider (as agreed by the Pet Owner and so long as the substitute has an active account on the StableMates, LLC Service and has agreed in writing to accept a Booking) by contacting StableMates, LLC to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, StableMates, LLC may terminate your account.
- 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 StableMates, LLC Service. All 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. For more information about cancellation policies, please visit the Help Center.
- Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of 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 StableMates, LLC 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 the StableMates, LLC Service 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 the StableMates, LLC Service, regardless of any separate communications between users outside of the StableMates, LLC Service.
-
Payment Disputes; Payment Outside of
the StableMates, LLC Service.
StableMates, LLC initiates payments to
Service Providers 48 hours after
completion of a Booking. Once these
amounts have been disbursed, any further
payment disputes are between the Pet
Owner and Service Provider, and
StableMates, LLC has no obligation to
mediate or facilitate any resolution.
Further, StableMates, LLC has no
responsibility or liability with respect
to any tips, bonuses, or other payments
made outside of the StableMates, LLC
Service.
-
9.7 Payment Holds. If you are a Service
Provider, StableMates, LLC 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 StableMates,
LLC, the StableMates, LLC community or third
party rights. We may also recommend that
third party payment service providers
restrict your access to funds in your
account under the same circumstances.
-
9.8 Authorization to Charge. When you
pay for Pet Care Services or for other
services on the StableMates, LLC Service,
you will 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.
StableMates, LLC’s role is to facilitate
payments from Pet Owners to Service
Providers as limited payment agent for the
Service Provider. You authorize us to charge
your credit card or other payment method for
fees you incur on the StableMates, LLC
Service as they become due and payable, and
to charge any alternative payment method
StableMates, LLC 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 StableMates, LLC nor the Service
Provider will be responsible for any failure
to provide services associated with those
fees. Except as expressly provided in these
Terms, all fees paid via the StableMates,
LLC Service are non-refundable once paid.
-
9.9 Taxes. Except for taxes on
StableMates, LLC’s income and gross receipts
or where StableMates, LLC 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 the StableMates, LLC Service.
This includes, without limitation, any form
of sales tax, VAT, or income tax on fees
paid or received by you through the
StableMates, LLC Service.
-
9.1 Currency. All fees, deductible
amounts and other payments referenced on, or
charged through, the StableMates, LLC
Service are listed and payable in local
currency.
-
Background Checks and Identity
Verifications.
StableMates, LLC may provide 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 United States, 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 the StableMates, LLC Service, 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 StableMates, LLC 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 StableMates, LLC’s rights and obligations under the Arbitration Agreement 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. StableMates, LLC reserves the right to suspend or terminate your access to the StableMates, LLC Service 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 their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, StableMates, LLC 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.
-
Third Party Services, Links. The
StableMates, LLC Service may contain links to
third party websites or resources. You
acknowledge and agree that we are not
responsible or liable for: (i) the availability
or accuracy of such websites or resources; or
(ii) the content, products, or services on or
available from such websites or resources. Links
to such websites or resources do not imply any
endorsement of such websites or resources, or
the content, products, or services available
from such websites or resources. You acknowledge
sole responsibility for and assume all risk
arising from your use of any such websites or
resources.
-
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 StableMates, LLC
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES,
DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE
ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY
WAY RELATED TO YOUR: (1) transactions and
interactions, online or offline, with other
users of the StableMates, LLC Service; (2)
breach of these Terms; (3) disputes with other
users of the StableMates, LLC Service; (4) your
misstatements, misrepresentations, or violation
of applicable law; (5) property damage or
personal injury to third parties caused by your
pet or pets in your care; (6) Your Content; or
(7) your use of any Background Check 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.
-
Intellectual Property.
-
13.1 StableMates, LLC Service.
StableMates, LLC and its licensors retain
all right, title and interest in and to the
StableMates, LLC Service, the technology and
software used to provide it, all electronic
documentation and content available through
the StableMates, LLC Service (other than
Your Content), and all intellectual property
and proprietary rights in the StableMates,
LLC Service and such technology, software,
documentation and content. Except for your
rights to access and use the StableMates,
LLC Service set forth in these Terms,
nothing in these Terms licenses or conveys
any of our intellectual property or
proprietary rights to anyone, including you.
You agree that we will have a perpetual
right to use and incorporate into the
StableMates, LLC Service any feedback or
suggestions for improvement that you provide
to us concerning the StableMates, LLC
Service, without any obligation of
compensation.
-
13.2 StableMates, LLC Trademarks.
StableMates, LLC owns all rights in and to
its trademarks, service marks, brand names
and logos (the “StableMates, LLC Marks”). If
you are a Service Provider, StableMates, LLC
grants you, for so long as you are in good
standing on the StableMates, LLC Service, a
limited, revocable, non-exclusive,
non-transferable license to use the
StableMates, LLC Marks solely: (1) in the
form incorporated into goods, including
customizable marketing collateral (promo
cards, signage etc.), made available for
purchase via the StableMates, LLC Store
and/or (2) in any other manner specifically
authorized in writing via the StableMates,
LLC Service. As a condition of exercising
such license, you agree that (1) all
goodwill associated with your use of the
StableMates, LLC Marks inures solely to the
benefit of StableMates, LLC, and (2) such
license immediately terminates upon your
ceasing to be a Service Provider in good
standing, whether at your own option or
because StableMates, LLC suspends or
terminates your rights to use the
StableMates, LLC Service.
-
13.1 StableMates, LLC Service.
StableMates, LLC and its licensors retain
all right, title and interest in and to the
StableMates, LLC Service, the technology and
software used to provide it, all electronic
documentation and content available through
the StableMates, LLC Service (other than
Your Content), and all intellectual property
and proprietary rights in the StableMates,
LLC Service and such technology, software,
documentation and content. Except for your
rights to access and use the StableMates,
LLC Service set forth in these Terms,
nothing in these Terms licenses or conveys
any of our intellectual property or
proprietary rights to anyone, including you.
You agree that we will have a perpetual
right to use and incorporate into the
StableMates, LLC Service any feedback or
suggestions for improvement that you provide
to us concerning the StableMates, LLC
Service, without any obligation of
compensation.
-
Warranty Disclaimer for the StableMates, LLC
Service. The information and materials found on
the StableMates, LLC Service, including text,
graphics, information, links or other items, are
provided “as is” and “as available.” Reviews,
profiles, advice, opinions, statements, offers,
or other information or content made available
through the StableMates, LLC Service, but not
directly by StableMates, LLC, are those of their
respective authors, who are solely responsible
for such content. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, StableMates, LLC
DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR
COMPLETENESS OF INFORMATION AND MATERIALS ON THE
StableMates, LLC SERVICE; (2) ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY ANY PARTY OTHER THAN StableMates, LLC;
(3) WARRANT THAT YOUR USE OF THE SERVICES WILL
BE SECURE, FREE FROM COMPUTER VIRUSES,
UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR
WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS
IN THE StableMates, LLC SERVICE WILL BE
CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, StableMates, LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, WITH RESPECT TO THE StableMates, LLC
SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
ACCURACY. IN ADDITION AND WITHOUT LIMITING THE
FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
REGARDING THE SUITABILITY OF ANY SERVICE
PROVIDER THAT OFFERS PET CARE SERVICES VIA THE
StableMates, LLC SERVICE.
-
Limitation of Liability.
-
15.1 Exclusion of Certain Types of
Damages. To the maximum extent permitted
under applicable law, in no event will
StableMates, LLC 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 the
StableMates, LLC Service, including without
limitation damages related to any
information received from the StableMates,
LLC Service, removal of your profile
information or review (or other content)
from the StableMates, LLC Service, any
suspension or termination of your access to
the StableMates, LLC Service, or any
failure, error, omission, interruption,
defect, delay in operation or transmission
of the StableMates, LLC Service, even if we
are aware of the possibility of any such
damages, losses or expenses. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
-
15.2 Limit on Our Liability to You. IN
NO EVENT WILL STABLEMATES, LLC’S AGGREGATE
LIABILITY TO YOU OR ANY THIRD PARTY IN ANY
MATTER ARISING FROM OR RELATING TO THE
STABLEMATES, LLC SERVICE OR THESE TERMS
EXCEED THE AMOUNTS PAID BY YOU TO
STABLEMATES, LLC (SPECIFICALLY EXCLUDING
AMOUNTS PAID TO SERVICE PROVIDERS) DURING
THE TWELVE (12) MONTHS PRECEDING THE EVENT
THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE
NOT PAID STABLEMATES, LLC FOR THE USE OF ANY
SERVICES, THE AMOUNT OF $100.00 USD (OR
EQUIVALENT IN LOCAL CURRENCY).
-
15.3 No Liability for non-StableMates,
LLC Actions. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL
STABLEMATES, LLC BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, AND/OR
CONSEQUENTIAL, ARISING OUT OF OR RELATING TO
THE CONDUCT OF YOU OR ANYONE ELSE IN
CONNECTION WITH THE STABLEMATES, LLC
SERVICE, INCLUDING WITHOUT LIMITATION,
BODILY INJURY, DEATH, EMOTIONAL DISTRESS,
AND/OR ANY OTHER DAMAGES RESULTING FROM
RELIANCE ON INFORMATION OR CONTENT POSTED ON
OR TRANSMITTED THROUGH THE STABLEMATES, LLC
SERVICE, OR FOR ANY INTERACTIONS WITH OTHER
USERS OF THE STABLEMATES, LLC SERVICE,
WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY
CLAIMS, LOSSES OR DAMAGES ARISING FROM THE
CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR
HARM YOU.
IF YOU HAVE A DISPUTE WITH A CARETAKER OR PET OWNER, YOU AGREE TO RELEASE STABLEMATES, LLC FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT TO THE EXTENT STATED IN THE STABLEMATES, LLC GUARANTEE. IN NO EVENT WILL STABLEMATES, LLC BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR CARETAKER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
-
15.1 Exclusion of Certain Types of
Damages. To the maximum extent permitted
under applicable law, in no event will
StableMates, LLC 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 the
StableMates, LLC Service, including without
limitation damages related to any
information received from the StableMates,
LLC Service, removal of your profile
information or review (or other content)
from the StableMates, LLC Service, any
suspension or termination of your access to
the StableMates, LLC Service, or any
failure, error, omission, interruption,
defect, delay in operation or transmission
of the StableMates, LLC Service, even if we
are aware of the possibility of any such
damages, losses or expenses. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
-
Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH STABLEMATES, LLC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
-
16.1 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
StableMates, LLC (together, the “Parties”)
agree that any and all disputes or claims
that arise between you and StableMates, LLC
relating to the StableMates, LLC Service,
interactions with others on the StableMates,
LLC Service, and/or these Terms (including
any alleged breach of these Terms)
(collectively, “Claims”), except for
Excluded Claims (defined in the following
sentence), will be resolved as set forth in
this Arbitration Agreement. As used herein,
“Excluded Claims” means (1) individual
claims brought in small claims court (if
your claims qualify), (2) claims arising out
of or related to a violation of Section 4.1,
above, (3) claims in which either party
seeks injunctive or other equitable relief
for the alleged unlawful use of intellectual
property (including, without limitation,
copyrights, trademarks, trade names, logos,
trade secrets or patents), and (4) claims
that, as a matter of applicable law, cannot
be made subject to arbitration.
-
16.2 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.
-
16.3 Prohibition of Class and
Representative Actions and
Non-Individualized Relief. YOU AND
StableMates, LLC 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 STABLEMATES,
LLC 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 STABLEMATES, LLC SERVICE USERS.
-
16.4 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
legal.stablemates.org@gmail.com or by mail
at StableMates, LLC., Attn: Legal,4384 Green
Cook Road, Westerville, OH 43082. 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.
-
16.5 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 StableMates, LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and StableMates, LLC 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 StableMates, LLC, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Ohio, 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 StableMates, LLC users, but is bound by rulings in prior arbitrations involving the same StableMates, LLC 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.
-
16.6 Costs of Arbitration. Payment of
all filing, administration, and arbitrator
fees (collectively, the “Arbitration Fees“)
will be shared equally by you and
StableMates, LLC, except where prohibited by
applicable law. 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
StableMates, LLC for all fees associated
with the arbitration paid by StableMates,
LLC on your behalf that you otherwise would
be obligated to pay under the JAMS or ICDR
Rules.
-
16.7 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.
-
16.8 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.
-
16.9 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 StableMates, LLC, Inc.,
Attn: Legal, 63 Murnane Street, Westerville,
OH 43081. The Opt-Out Notice must state that
you do not agree to the Arbitration
Agreement and must include your name,
address, phone number, and the email
address(es) used to register for the
StableMates, LLC Service to which the
opt-out applies. You must sign the Opt-Out
Notice for it to be effective. This
procedure is the only way you can opt out of
the Arbitration Agreement. If you opt out of
the Arbitration Agreement, the entire
Arbitration Agreement will not apply with
respect to you, but the remainder of these
Terms will continue to apply. Opting out of
this Arbitration Agreement has no effect on
any previous, other, or future arbitration
agreements that you may have with us. By
opting out of binding arbitration, you are
agreeing to resolve Claims (including
Excluded Claims) in accordance with Section
18.
-
16.10 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 StableMates, LLC 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 StableMates, LLC
prior to the effective date of removal.
-
16.1 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
StableMates, LLC (together, the “Parties”)
agree that any and all disputes or claims
that arise between you and StableMates, LLC
relating to the StableMates, LLC Service,
interactions with others on the StableMates,
LLC Service, and/or these Terms (including
any alleged breach of these Terms)
(collectively, “Claims”), except for
Excluded Claims (defined in the following
sentence), will be resolved as set forth in
this Arbitration Agreement. As used herein,
“Excluded Claims” means (1) individual
claims brought in small claims court (if
your claims qualify), (2) claims arising out
of or related to a violation of Section 4.1,
above, (3) claims in which either party
seeks injunctive or other equitable relief
for the alleged unlawful use of intellectual
property (including, without limitation,
copyrights, trademarks, trade names, logos,
trade secrets or patents), and (4) claims
that, as a matter of applicable law, cannot
be made subject to arbitration.
-
Governing Law and Jurisdiction.
-
17.1 For users in the United States
these Terms, and any dispute between you and
StableMates, LLC, will be governed by the
laws of the State of Ohio, 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 StableMates, LLC
must be resolved exclusively by a state or
federal court located in the State of Ohio.
You and StableMates, LLC agree to submit to
the personal jurisdiction of the courts
located within Westerville, Ohio for the
purpose of litigating all such claims or
disputes.
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 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 effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. 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.
-
17.1 For users in the United States
these Terms, and any dispute between you and
StableMates, LLC, will be governed by the
laws of the State of Ohio, 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 StableMates, LLC
must be resolved exclusively by a state or
federal court located in the State of Ohio.
You and StableMates, LLC agree to submit to
the personal jurisdiction of the courts
located within Westerville, Ohio for the
purpose of litigating all such claims or
disputes.
For questions or concerns about the StableMates, LLC Service or these Terms, please contact us through our website.