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Skoot Terms and Conditions

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Skoot Pet Transport ("Company", “we”, “us”, or “our”), concerning your access to and use of the Skoot website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

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The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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The Site is not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

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All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

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INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

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USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

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If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

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PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

  6. Make improper use of our support services or submit false reports of abuse or misconduct.

  7. Use the Site in a manner inconsistent with any applicable laws or regulations.

  8. Use the Site to advertise or offer to sell goods and services without our written approval.

  9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with the operation of the Site.

  10. Engage in any automated use of the system, such as scripts to send comments or messages, or using data mining tools.

  11. Attempt to impersonate another user or person.

  12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.

 

USER-GENERATED CONTRIBUTIONS

Skoot does not allow users to submit or post content directly on our website. However, we may offer the opportunity for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, or other material (collectively, "Contributions"). Contributions may be visible to other users or third-party websites. As such, any Contributions you transmit may be treated in accordance with our Privacy Policy. By creating or making available any Contributions, you agree to the following:

  • The creation, distribution, transmission, public display, performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on proprietary rights, such as copyright, patent, trademark, or trade secret of any third party.

  • You own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize Skoot and other users to use your Contributions as intended.

  • You have obtained written consent from each identifiable person in your Contributions to use their name or likeness.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unauthorized advertising, spam, or mass mailings.

  • Your Contributions do not contain obscene, offensive, violent, or defamatory content.

  • Your Contributions do not advocate for the harm of others, nor do they violate any applicable laws or regulations.

  • Your Contributions do not solicit personal information from individuals under 18 years of age or exploit minors in a harmful manner.

  • Your Contributions are not racially, sexually, or otherwise discriminatory or derogatory.

 

Skoot reserves the right to remove or disable Contributions violating these terms and may terminate or suspend your rights to use the site for any such violations.

 

CONTRIBUTION LICENSE

By submitting any feedback, ideas, or suggestions to Skoot regarding the Site, you agree that Skoot can use, modify, and share these Contributions for any lawful purpose without compensation to you.

You retain ownership of all your Contributions and any intellectual property rights associated with them. Skoot is not liable for any content submitted by users. You are solely responsible for your Contributions and agree to exonerate Skoot from any legal action regarding them.

 

SUBMISSIONS

By providing any feedback, ideas, or suggestions (collectively, "Submissions") to Skoot, you agree that these Submissions are non-confidential and will become the sole property of Skoot. Skoot will have exclusive rights to use and disseminate these Submissions for any purpose without acknowledgment or compensation to you. You waive all moral rights related to the Submissions and warrant that they are original or that you have the right to submit them.

 

THIRD-PARTY WEBSITES AND CONTENT

Skoot may provide links to third-party websites or content (e.g., articles, videos, or software). Skoot is not responsible for monitoring or verifying third-party content and is not liable for the privacy practices, policies, or services of these sites. By accessing third-party websites, you acknowledge that Skoot’s Terms of Use no longer apply and that you access these sites at your own risk.

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SITE MANAGEMENT

Skoot reserves the right to:

  1. Monitor the Site for any violations of these Terms.

  2. Take legal action against anyone violating the law or these Terms.

  3. Restrict access to or remove any user Contributions that may be burdensome to our system or violate these Terms.

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PRIVACY POLICY

We care about your privacy and data security. Please review our Privacy Policy to understand how we manage your data. By using Skoot’s Site, you consent to the collection and use of your data according to our Privacy Policy.

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TERM AND TERMINATION

These Terms remain in effect as long as you use the Site. Skoot reserves the right to deny access, terminate your account, or remove content without prior notice for any violations of these Terms or applicable laws.

If your account is terminated, you are prohibited from creating a new account under any name, fake or real, without Skoot’s express permission.

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MODIFICATIONS AND INTERRUPTIONS

Skoot reserves the right to change or modify the Site’s content at any time. We do not guarantee the Site’s availability and are not liable for any issues arising from downtimes, maintenance, or technical problems.

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GOVERNING LAW

These Terms of Use and your use of the Site are governed by the laws of the State of California. Any disputes related to these Terms will be resolved in accordance with California law, without regard to conflict-of-law principles.

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DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or Skoot (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Sacramento County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

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If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Sacramento County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

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In no event shall any Dispute brought by either Party related in any way to the Site or services provided by Skoot be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

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The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

There may be information on the Skoot website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

DISCLAIMER

THE SITE AND SERVICES PROVIDED BY SKOOT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL SKOOT OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold Skoot harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site or Skoot’s services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward another user or Skoot customer.

 

USER DATA

We will maintain certain data that you transmit to Skoot for the purpose of managing the performance of the Site and to offer information related to pet transportation. However, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or our services. We are not liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY SKOOT OR VIA THE SITE.

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or regarding Skoot services constitute the entire agreement between you and Skoot. Our failure to enforce any provision of these Terms shall not operate as a waiver of such provision. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is deemed unlawful, void, or unenforceable, that provision or part of the provision is severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

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