Welcome to Groomrs.
These Terms of Service constitute a legally binding agreement (the “Terms”) between you and Groomes LLC (“Groomrs,” “we,” “us” or “our”) governing your use of Groomrs applications, websites, contents, products, and/or services (the “Services”). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully.
Groomrs LLC provides an online venue that allows pet owners and third-party pet care service providers ("Pet Care Providers") including Pet Groomers to connect with each other using Services made available by Groomrs LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Groomrs”). Groomrs has no control over the conduct of Pet Care Providers, or any other users of the Services. Please be advised: These Terms contain provisions that govern how claims that you and Groomrs have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Groomrs to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. Groomrs may amend the Terms and modify or update the Services from time to time. Your continued use of the Services after any such changes are posted here will constitute your acceptance of the amended Terms. By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services. YOUR REPRESENTATIONS AND WARRANTIES - You represent and warrant that you are at least 18 years old and legally entitled to enter these Terms, and that you have the authority and capacity to enter into and abide by these Terms. You further agree and warrant that: Your Information. All information that you provide to Groomrs or through the Services is true and accurate, and you will maintain that information up-to-date. You will provide us with whatever proof of identity we may reasonably request. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services. Account Circumvention. You will not use the Services to identify pet owners or Pet Care Providers to complete offline transactions that circumvent your payment obligations for the Services. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. Legal Compliance. You will comply with all applicable state, federal, and local laws while using the Services. You will not copy or distribute the Services without written permission from Groomrs. ACCESS AND USE - You may only access the Services using authorized means. You will not use the Services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is your responsibility to ensure you have the correct software and equipment for use with the Services. You will only use an access point or data account that you are authorized to use. Groomrs reserves the right to terminate your use of the Services if you use an incompatible or unauthorized device. PROTECTION OF SERVICES AND USERS - You will not: Create Internet "links" to the Services or "frame" or "mirror" any software on any other server or wireless or Internet-based device. Reverse engineer or access the Services (except as permitted by applicable law) in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services. Send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights. Send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. Interfere with or disrupt the integrity or performance of the Services or the data contained therein. Attempt to gain unauthorized access to the Services or its related systems or networks. Try to harm the Services in any way. LICENSE GRANT - Subject to your compliance with these Terms, Groomrs grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own personal, non-commercial purposes. All rights not expressly granted to you are reserved by Groomrs and its licensors.
PET OWNER OBLIGATIONS - Pet owners warrant and agree that: (1) your pets are free from fleas, ticks, and other pests; and (2) you will have your pets fully vaccinated and up to date on all forms of preventative medicine prior to receiving services from a Pet Care Provider. PAYMENT TERMS - You understand that use of the Services may result in charges to you for the services you receive from a Pet Care Provider. After you have received services or goods obtained through your use of the Services, Groomrs will facilitate your payment of the applicable charges on behalf of the Pet Care Provider, as such Pet Care Provider's limited payment collection agent. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Groomrs. You shall not request lower charges from a Pet Care Provider for services received by you from such Third Party Provider at the time you receive such services or goods. Groomrs will not respond to any request from a Pet Care Provider to modify charges for a particular service. Pet Care Provider will be to independently establish its own charges for the execution of services agreed thru Groomrs services. All charges are due immediately and payment will be facilitated by Groomrs using the preferred payment method designated in your Groomrs account, after which Groomrs will send you a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Groomrs may, as the Pet Care Provider's limited payment collection agent, use a secondary payment method in your account, if available. As between you and Groomrs, Groomrs reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in Groomrs’s sole discretion. Groomrs will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your Groomrs account regardless of your awareness of such charges or the amounts thereof. Groomrs may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you. You may elect to cancel your request for services from a Pet Care Provider at any time prior to such Pet Care Provider's arrival, in which case you may be charged a cancellation fee. This payment structure is not intended to compensate the Pet Care Provider for the services provided. Groomrs does not designate any portion of your payment as a tip or gratuity to the Pet Care Provider. Any representation by Groomrs to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Groomrs provides any additional amounts, beyond those described above, to the Pet Care Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so. Gratuities are voluntary directly to the Pet Care Provider. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider. CONSENT TO AUTODIALED TEXT MESSAGES AND PHONE CALLS - You agree that Groomrs may contact you by autodialed text messages and phone calls with information about the Services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Services, and may opt out at any time by contacting customer care at (561) 990-6612. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Groomrs account information to ensure that your messages are not sent to the person that acquires your old number.
ASSIGNMENT - These Terms may not be assigned by you without the prior written approval of Groomrs but may be assigned at any time by Groomrs to: a parent or subsidiary an acquirer of assets a successor by merger Any purported assignment in violation of this section shall be void.
TERM AND TERMINATION OF TERMS - These Terms are effective upon your access or use of the Services. You or The Groomers may terminate your participation in the Services at any time, for any reason and Groomrs may prohibit your use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after you or Groomrs terminate your participation or access to the Services.
DISPUTES/MANDATORY INDIVIDUAL ARBITRATION - Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with Groomrs, the threatened or actual suspension, deactivation or termination of your account with Groomrs, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Groomrs, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Jose O. Negron at @thegroomersllc.com. The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Groomrs will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. CHOICE OF LAW Except as provided above in the DISPUTES/MANDATORY INDIVIDUAL ARBITRATION section, these Terms will be governed by the laws of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of Caifornia law to interpret this Agreement and does not create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. GENERAL No joint venture, partnership, employment, or agency relationship exists between you, Groomrs or any third party provider as a result of these Terms or use of the Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Groomrs to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Groomrs in writing. These Terms comprise the entire agreement between you and Groomrs and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms.
THIRD PARTY APPLICATIONS - The Services may be available or accessed in connection with Groomrs applications (“Applications”) made available by third party providers such as Apple, Inc., or Google, Inc. (“Provider”) through their storefronts such as the App Store and Google Play. Both you and Groomrs acknowledge that the Terms are concluded between you and Groomrs only, and not with any Provider, and that a Provider is not responsible for Groomrs Services under it applications; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with a Provider’s device that you own or control; You acknowledge and agree that a Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Provider of such failure; upon notification, the Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that Groomrs, and not the Provider, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Groomrs, and not the Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and Groomrs acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both you and Groomrs acknowledge and agree that the Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.