TERMS OF SERVICE Agreement
This Terms of Service Agreement (“Agreement”) is entered into between You (“You,” “Your”) and Dallas Dog Palace, LLC, a Texas Limited Liability Company (“Company”) and is made effective as of the date of Your acceptance of these terms. The parties to this agreement may be referred to as a “Party” or collectively as “Parties.”
Please read this Agreement carefully because it contains a limitation of liability and release of claims against Company and other important information about Your legal rights.
This Agreement sets forth the entire agreement of the Parties relating to Your use of the Services. It may only be amended with mutual written agreement of the Parties.
If You are accepting on behalf of a family member or another owner of a dog that is cared for by the Company, You represent and warrant that (i) You have full legal authority to bind all of the owners of the dog(s) to this Agreement, (ii) You have read and understand this Agreement and (iii) You agree, on behalf of all owners, to this Agreement.
1. Services. Dog daycare, boarding, grooming, and related services (collectively, “Services”).
2. Payment. You agree to pay for the Services that You order at the price and terms quoted to you either on Company’s website, software application, or by other means. You further agree and authorize the Company to use Your card number on file to pay for Services and any associated fees or taxes without any subsequent or additional confirmations by You.
3. Termination. You agree that Company may terminate this Agreement at any time and terminate or suspend Your access to the Services at any time and for any reason.
4. WARRANTY. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE.
5. LIMITATIONS OF LIABILITY. YOU WAIVE AND RELEASE COMPANY, ITS OWNERS, OFFICERS, OR EMPLOYEES FROM LIABILITY FOR ANY PAST, PRESENT, OR FUTURE INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING ATTORNEYS FEES, INDEMNIFICATION, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOU AGREE THAT THE ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS BROUGHT AGAINST COMPANY, ITS OWNERS, OFFICERS, OR EMPLOYEES RELATING TO THE SERVICES AND/OR THIS AGREEMENT, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED $500. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
6. WAIVER AS TO INDIVIDUAL LIABILITY. YOU AGREE TO WAIVE AND RELEASE ALL LIABILITY AND CLAIMS AGAINST THE OWNERS, OFFICERS, EMPLOYEES, MANAGERS, AND AGENTS OF THE COMPANY TO THE EXTENT SUCH CLAIMS RELATE TO THE SERVICES AND/OR THIS AGREEMENT.
7. Indemnification. You agree to indemnify, defend and hold Company and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising from or relating to this Agreement or Your use of the Services, including claims by a family member or owner of a dog that was serviced by the Company subject to your agreement to these terms. The limitation of liability provisions in Paragraph 4 do not apply to Your indemnification obligations.
8. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any action arising out of this Agreement will be brought solely in Dallas, Texas. You agree to waive your right to a trial by jury.
9. Arbitration. Other than claims asserted by Company against You to collect funds for the Services, any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Dallas, Texas. The arbitration shall take place before a panel of one (1) arbitrators sitting in Dallas, Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes between the Parties relating to the Services in accordance with the laws of the State of Texas, including whether the dispute is subject to this arbitration provision or is otherwise required to be arbitrated by either Party. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. Any claim shall be brought individually on behalf of the person or entity seeking relief, not on behalf of a class or other persons or entities not participating in the arbitration, and shall not be consolidated with the claim of any person who is not asserting a claim arising under or relating to this contract. The arbitrators shall determine whether a given dispute between the Parties is required to be arbitrated subject to this section. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that a Party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Dallas, Texas if in its reasonable judgment such action is necessary to avoid irreparable harm.
10. Assignment. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party. Notwithstanding the foregoing, Company may assign this Agreement in its entirety, without consent of the other Party, to its Affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11. Severability. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
12. Communication. You agree and consent to receive communications from the Company via text, email, and through messages on our software application, expressly including communications for marketing purposes. Consent to these terms is not a condition of purchase. Message and data rates may apply.
13. Headings; Construction. The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.
14. Survival. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement, expressly including but not limited to 4 (Limitations of Liability), 5 (Waiver as to Individual Liability) 6 (Indemnification), 7 (Governing Law and Venue), 8 (Arbitration), 9 (Assignment), and 12 (Communication).
15. Waiver. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
16. Entire Agreement; Modification. This Agreement shall be the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic or otherwise. This Agreement may be modified from time to time by Company, said modifications or amendments becoming effective immediately upon acceptance by You.