TERMS OF SERVICE
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
By booking Services, Pet Owner acknowledges they have read, understood, and agreed to these terms.
SERVICE LIMITATIONS
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Pet Crew Marietta provides professional pet sitting, dog walking, drop-in visits, vacation care, relocation transport, and related pet transportation services (“Services”) as described in the confirmed booking.
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Services are provided as outlined in the Booking Confirmation and may be tailored to meet your needs.
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Pet Crew Marietta does not guarantee exact visit times unless specifically agreed in writing. Time windows may apply due to traffic or other delays.
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No guarantee pet(s) will eliminate during walk, however, every attempt will be made to ensure their comfort and needs.
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No off-leash walking unless pet(s) are in Pet Owner's enclosed yard.
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No administration of certain medications (if applicable) and all procedures and dosage will be reviewed with Pet Owner prior to service.
CANCELLATION POLICIES -
Cancellations made less than three (3) days before scheduled service are non-refundable.
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Holiday bookings require a non-refundable advance deposit of 50% of Services total and are subject to 2-week cancellation terms.
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If Pet Crew Marietta must cancel services due to emergency or circumstances beyond control, a refund will be issued for services not rendered.
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Pet Crew Marietta can help you find replacement Service Providers when a cancellation of Bookings near the start date of the service period identified in the Booking is necessary. Availability depends on the timing of the cancellation and the type of Pet Care Services provided.
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If Pet Crew Marietta 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 services not provided.
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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 Pet Crew Marietta.
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If you wish to cancel a Booking, you must contact Pet Crew Marietta at least three (3) days before the Booking.
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Discretionary Refunds for Failure to Perform: In our reasonable discretion, if we determine that we have failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may cancel a Booking and/or issue a full or partial refund to a Pet Owner.
PAYMENT POLICIES -
Full payment is due at the time of Booking, before Services are provided.
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Holiday Bookings require a non-refundable advance deposit of 50% of Services total subject to 2-week cancellation terms.
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All fees are non-refundable except as specifically outlined in this Agreement.
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Pet Owner authorizes Pet Crew Marietta to charge for: Scheduled services; Additional time; Emergency veterinary care and transport; Additional fees incurred under this Agreement.
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Failure to maintain valid payment information may result in cancellation of Services.
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Returned or disputed payments may result in additional administrative fees.
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Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.
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If you are a Pet Owner, you enter into a transaction with Pet Crew Marietta when you accept a Booking, and you agree to pay the total amount indicated in the Booking. Fees for Pet Owners are described here. Where required by law, the amount charged will be inclusive of applicable taxes.
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When you pay for Pet Care Services or for other services by Pet Crew Marietta, 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. 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 Pet Crew Marietta will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid to Pet Crew Marietta are non-refundable once paid.
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Payment Processing: Payment processing services may be provided by one or more third-party payment processors. Pet Crew Marietta reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
LATE FEES AND ADDITIONAL CHARGES -
If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet(s) 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 hour or day) at the daily rate established in the Booking.
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In addition, you agree to indemnify Pet Crew Marietta for, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we incur as a result of your failure to retrieve your pet(s) at the end of the Service period agreed in a Booking.
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If Pet Owner fails to return or retrieve their pet(s) at the agreed conclusion of Services: Additional care will be charged at the current daily rate; Partial days are billed pro rata; Pet Owner authorizes automatic payment for extended care.
EMERGENCIES -
As the Pet Owner, you hereby authorize Pet Crew Marietta to obtain and authorize the provision of veterinary care for your pet(s) 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 Pet Crew Marietta.
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You release Pet Crew Marietta for any injury, damage or liability arising from the provision of emergency care or the failure to seek such care pursuant to this section.
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Pet Owners are responsible for the costs of all medical treatment for pet(s) and, if you are a Pet Owner, you hereby authorize Pet Crew Marietta to charge your credit card or other payment method for such costs.
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Unless Pet Owner specifies otherwise in writing, Pet Crew Marietta may authorize emergency treatment up to $1,500 without prior contact if Pet Owner cannot be reached. Pet Crew Marietta is not liable for: Pre-existing conditions; Illnesses that manifest during Service; Stress-related illness; Outcomes of veterinary treatment.
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Liability of Pet Crew Marietta shall not exceed the total fees paid for the services giving rise to the claim.
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Pet Crew Marietta carries limited liability insurance. Coverage is secondary to Pet Owner’s home or renter’s insurance.
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Pet Owner agrees that their home, renter’s, or pet liability insurance shall be primary for pet-related incidents.
MEDICATION AND SPECIAL NEEDS -
Pet Owner must demonstrate proper administration method(s) of all medications.
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Pet Crew Marietta will administer medication(s) as directed and is not liable for complications from medication(s).
NO THIRD-PARTY BENEFICIARIES -
This Agreement is made solely for the benefit of the Parties and their permitted successors and assigns. No third party, including but not limited to neighbors, landlords, guests, veterinarians, transport providers, or governmental entities, shall have any rights, claims, or causes of action arising from or relating to this Agreement
TRANSPORTATION AUTHORIZATION -
By booking Transport Services, Pet Owner agrees to the following terms and conditions: Pet(s) must be crated or properly restrained for transport by Pet Crew Marietta. Pet Owner is responsible for: Health certificates; Airline requirements; Vaccination documentation; Government inspections. Pet Crew Marietta is not liable for: Airline delays; TSA inspections; Weather delays; Airline refusal.
ABANDONMENT CLAUSE -
If a Pet Owner fails to return within the timeframe of accepted Booking and without contact, pet(s) under the care of Pet Crew Marietta may be surrendered to animal control or local rescue organization.
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The Pet Owner remains financially responsible for all continued care by animal control or rescue organization.
HOME ACCESS/PROPERTY PROTECTION CLAUSE -
Pet Owner agrees to provide secure access (key, lockbox, code, etc.); Maintain functioning utilities; Secure valuables.
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In the event keys are lost due to negligence, liability shall not exceed the cost of re-keying the affected lock.
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Keys will only be returned to Pet Owner after Services have been completed, or ongoing Services are no longer needed. Key's will not be left inside upon leaving the residence for safety reasons.
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Pet Crew Marietta is not responsible for: Pre-existing property damage; Acts of third parties; Home security system malfunctions; Damage caused by Pet Owner’s pet(s).
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Pet Owner agrees to indemnify Pet Crew Marietta for claims arising from property damage caused by their pet.
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Clean-up and sanitation: Pet Owner must provide cleaning supplies; Excessive mess may result in additional fees; Litter boxes must be accessible.
PHOTO/MARKETING RELEASE -
Pet Owner grants Pet Crew Marietta permission to photograph pets for marketing and social media unless Pet Owner provides written notice declining such use.
CERTIFICATION OF COMPLIANCE WITH APPLICABLE LAWS -
As the Pet Owner, 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 Pet Crew Marietta's Services.
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Pet Owners will ensure that pet(s) 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 pet(s) whose care you entrust to Pet Crew Marietta (and that such policies will benefit third parties, including Pet Crew Marietta, to the same extent they benefit you).
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When providing Pet Care Services, Pet Crew Marietta will comply with applicable leash, pet waste disposal, and similar laws.
TERMS OF CONDUCT -
Pet Crew Marietta reserves the right to refuse care of: (a) any animal that has a history of, or which has been trained for attacks on pets or people; (b) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (c) any animal whose et Ownership or third-party care is prohibited under applicable law.
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Pet Crew Marietta requires full disclosure of: Bite history; Dangerous dog designation; Prior dangerous dog designation; Bite Reports; Pending complaints; Aggression toward people or other animals; Escape tendencies; Destructive behavior.
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Pet Owner assumes full responsibility for any injuries, damages, or legal claims caused by their pet; Indirect damages; Lost profits; Emotional distress; Special damages.
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Pet Owner agrees not to post reviews that aren’t based on their personal experiences, that are intentionally inaccurate or misleading, or that violate these Terms.
ACCOUNT SECURITY -
If you elect to use Pet Crew Marietta Services, 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.
PRIVACY -
Our collection and use of your personal information on the Pet Crew Marietta site is described in our Privacy Statement. By accessing or using the Pet Crew Marietta Services, you acknowledge that you have read and understand the terms as presented.
INTELLECTUAL PROPERTY -
Pet Crew Marietta retains all right, title and interest in and to Pet Crew Marietta Services, the technology and software used to provide it, all electronic documentation and content available through Pet Crew Marietta Services, and all intellectual property and proprietary rights in Pet Crew Marietta and such technology, software, documentation and content. You agree that we will have a perpetual right to use and incorporate into Pet Crew Marietta any feedback or suggestions for improvement that you provide to us concerning Pet Crew Marietta Services, without any obligation of compensation.
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Pet Crew Marietta Trademarks. Pet Crew Marietta owns all rights in and to its trademarks, service marks, brand names and logos (the “Pet Crew Marietta Marks”).
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The information and materials found on the Pet Crew Marietta site, 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 Pet Crew Marietta, but not directly by Pet Crew Marietta, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PET CREW MARIETTA DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THEIR SERVICES; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PET CREW MARIETTA.
INDEMNIFICATION -
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PET CREW MARIETTA 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 Pet Crew Marietta Services; (2) breach of these Terms; (3) disputes with Pet Crew Marietta Services; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet(s) in your care. 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.
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Any dispute arising from this Agreement shall first be submitted to mediation in Cobb County. If unresolved, claims will be brought exclusively in the courts located in Cobb County.
ARBITRATION AGREEMENT -
This Section is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described below, Pet Owner (you) and Pet Crew Marietta (together, the “Parties”) agree that any and all disputes or claims that arise between you and Pet Crew Marietta relating to Pet Crew Marietta Services or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Pet Crew Marietta arising out of or related to a violation of above claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), and (4) claims that an arbitrator determines cannot be made subject to arbitration as described below.
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Agreement to Arbitrate: Unless you opt out of the Arbitration Agreement in accordance with the procedure described below, you and Pet Crew Marietta 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. You and Pet Crew Marietta agree that 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. If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy will be severed and stayed pending arbitration of the remaining claim, cause of action or requested remedy.
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Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND PET CREW MARIETTA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS 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 PET CREW MARIETTA AGREE OTHERWISE, YOU AGREE 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 OR COURT 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 PET CREW MARIETTA SERVICE USERS. Notwithstanding any other provision of this Arbitration Agreement or the Rules, disputes regarding the interpretation, applicability, or enforceability of this section may be resolved only by a court and not by an arbitrator. In any case in which (a) the dispute is filed as a class, collective, or representative action and (b) there is a final judicial determination that this section is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then: (i) that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and stayed; (ii) shall be enforced in arbitration on an individual basis as to all such remaining claims or remedies to the fullest extent possible; and (iii) the stayed claims and/or remedies may be brought in a court of competent jurisdiction after all remaining claims are resolved by the arbitrator.
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Pre-Arbitration Dispute Resolution: Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us in writing to explain your complaint to Pet Crew Marietta listed below and give us an opportunity to work with you to resolve it. You or your legal representative, if you have one, may contact us by mail at Pet Crew Marietta, 2010 Branch View Drive, Marietta, GA 30062. Your written complaint must include your name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed by you. For any dispute that Pet Crew Marietta initiates, a written complaint will be personally signed by a Pet Crew Marietta representative and sent to the email address associated with your account. If the issue is not resolved within 30 days after receipt of the written complaint, either party may initiate arbitration as specified in “Arbitration Procedures” or “Bellwether Arbitrations,” as appropriate.
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Arbitration Procedures: As used in this section, the applicable arbitration rules described below are referred to collectively as the “Rules”.
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For disputes arising in the U.S., the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (as modified by the JAMS Consumer Arbitration Minimum Standards in cases of consumer arbitrations) (the “JAMS Rules”) in effect at the time a claim is made, currently available at https://www.jamsadr.com/rules-streamlined-arbitration and https://www.jamsadr.com/consumer-minimum-standards/, respectively.
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In all cases, the arbitrator will decide the substance of all claims in accordance with law as specified below, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall dismiss an arbitration demand on the pleadings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face. Any arbitration demand must be personally signed by you or Pet Crew Marietta. The arbitration will be held in the county in which you reside or at another mutually agreed location.
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All Rules, as modified by this Arbitration Agreement, are incorporated into 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 also must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. 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, providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
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The arbitrator will not be bound by rulings in prior arbitrations involving Pet Crew Marietta, but will be bound by rulings in prior arbitrations involving Pet Crew Marietta to the extent required by applicable law. As limited by applicable law, these Terms and the applicable 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.
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Costs of Arbitration: Payment of all filing, administration, case management, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the applicable Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. At the end of any arbitration, the arbitrator may award reasonable attorney’s fees and costs or any portion thereof to either party upon determining that the claim, cross-claim, or defense is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law.
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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.
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Severability: If any term, clause or provision of this section 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 will remain valid and enforceable, provided that if the finding of partial invalidity or unenforceability results in a final determination that the class action waiver set forth in section fails with respect to all of the claims in arbitration, then section will be unenforceable in its entirety.
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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 Pet Crew Marietta 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 Pet Crew Marietta prior to the effective date of removal.
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For users in the United States, these Terms, and any dispute between you and Pet Crew Marietta, will be governed by the laws of the State of Georgia and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of above section (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Pet Crew Marietta must be resolved exclusively by a state or federal court located in the State of Georgia, and you and Pet Crew Marietta agree to submit to the personal jurisdiction of the courts located within Cobb County, Georgia for the purpose of litigating all such claims or disputes.
FORCE MAJEURE -
Services may be modified or canceled due to circumstances beyond control without liability including: Severe weather; Natural disasters; Power outages; Road closures; Illness of sitter; Government restrictions. Services may be modified or canceled under such conditions without liability.