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WASH ROVER LLC - Terms of Use

Last Updated: 03/10/22.

This Terms of Use Agreement (“Terms”) is effective immediately for users accessing or using the Platform and/or Services made available by Wash Rover LLC (“Wash Rover”) without an Account or those registering Accounts on or after 03/10/22 and will become effective 03/10/22 for users with pre-existing Accounts.

IMPORTANT NOTICE: THIS TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. THE TERMS GOVERN YOUR ACCESS TO, USE OF AND PARTICIPATION IN OUR SERVICES AND THE PLATFORM MADE AVAILABLE BY WASH ROVER OR THROUGH WASH ROVER AND THE ENTIRETY OF YOUR RELATIONSHIP WITH WASH ROVER. BY ACCESSING AND USING THE PLATFORM AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH FORM A LEGALLY BINDING CONTRACT WITH WASH ROVER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM OR OUR SERVICES.

AS DETAILED IN THE ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM SECTION BELOW, IF YOU ARE A SERVICE MEMBER, YOU UNDERSTAND AND AUTHORIZE WASH ROVER TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM ITS VENDORS THROUGHOUT THE USE OF THE SERVICE

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and/or successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

Wash Rover reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. You understand and agree that your access to or use of the Platform is governed by the Terms effective at the time of your access to or use of the Platform. If we make material changes to the Terms, Wash Rover will notify you of changes by posting on the Wash Rover Terms of Use website, sending you a message, and/or otherwise notifying you when you are logged into your account. We will also indicate at the top of this page the date that such changes were last made. Modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Platform; (b) Wash Rover’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. You understand and agree that your continued access and use of the Platform after the expiration of the thirty (30) days shall constitute your acceptance and consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Wash Rover's Privacy Policy[deleted if not applicable], incorporated herein by reference, for information and notices concerning Wash Rover's collection and use of your information. The provision and delivery of text messages by Wash Rover or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Wash Rover policies that govern your use of the Platform and our interactions with you and third parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.[delete section if not applicable]

KEY TERMS

"Collective Content" means User Content and Wash Rover Content together.

"Content" means text, graphics, images, photos, music, software, audio, video, all or forms of data or communication, information or other materials, including but not limited to profile information, service requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"Customer Member" means a Member who is registered to receive quotes for Services, requests quotes for Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Services.

"Member" means a person or entity who completes Wash Rover's account registration process or a person or entity who submits or receives a request through Wash Rover, including but not limited to Service Members and Customer Members.

“You” and “your” refer any party who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and/or successors. A “user” is someone who accesses or in any way uses the Services. “We,” “us” and “our” refer to Wash Rover.

"Platform" means all Wash Rover websites, mobile or other applications, software, processes and any other services provided by or through Wash Rover.

"Service Member" means a Member who is registered to send quotes for Services, sends quotes for Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Services.

"Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.

"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform.

"Wash Rover Content" means all Content Wash Rover creates and makes available on or through the Platform.

ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

To access or use the Platform, you must have the requisite power and authority to enter into these Terms. Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible. You may not access or use the Platform if you are a competitor of Wash Rover or if we have previously banned you from the Platform or closed your account.

We grant you permission to use the Platform at your own risk. By registering or using the Platform to offer, post, or provide Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing. Service Members otherwise agree to comply with all applicable laws in their use of the Platform and any personal information obtained from the Platform.

Wash Rover is not in the business of providing Services. Service Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Wash Rover Platform to access persons interested in receiving Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Services. For example, Customer Members may use the Platform to intentionally interact with Service Members regarding Services. Service Members understand and agree that using the Platform does not guarantee that anyone will engage them for Services. The Service Members shall be solely responsible for the goods and/or services they provide and for any and all injuries, illnesses, damages, claims, liabilities, losses, and costs (collectively, “Liabilities”) they may cause, directly or indirectly, in full or in part.

Wash Rover does not endorse and is not responsible or liable for any advertising, products, goods or services available or unavailable from, or through, any Service Members. Your dealings with any Service Member, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Member and do not involve Wash Rover. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Service Member.

You agree that Wash Rover is not responsible for the accessibility or unavailability of any Service Member or for your interactions and dealings with Service Member.

You hereby irrevocably waive all rights related to, and release Wash Rover and its subsidiaries, affiliates, partners, members, officers, directors, employees and agents from, any Liabilities arising from or related to any act or omission of a Service Member in connection with your use of the Platform or the products and/or services it provides in connection with it.

Service Members understand and agree that they are customers of Wash Rover, and are not Wash Rover employees, joint venturers, partners, or agents. Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Wash Rover does not control, and has no right to control, the services a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member or any other person, except as specifically noted herein.

Wash Rover, as permitted by applicable laws, obtains reports regarding Service Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Member’s account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Wash Rover’s vendors.

The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding and maintaining the confidentiality of your Wash Rover password and, if applicable, your Third-Party Site Password. You are also solely responsible for all activities that occur in connection with on your Account. You agree to notify Wash Rover immediately of any unauthorized use of your Account. Wash Rover is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Wash Rover or others due to such unauthorized use. Your account is nontransferable except with Wash Rover’s prior written permission and in line with Wash Rover policies and procedures. Wash Rover reserves the right to close your Account at any time for any or no reason.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Wash Rover grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wash Rover or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Wash Rover an irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Platform will not be used by Wash Rover in public advertising. In the interest of clarity, the license granted to Wash Rover shall survive termination of the Platform or your Account. Wash Rover does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy or reliability, and any risks associated with personal information you choose to disclose. You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Wash Rover the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Wash Rover's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that Wash Rover may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. Notwithstanding anything herein to the contrary, you may not imply that your User Content is in any way sponsored or endorsed by Wash Rover.

Wash Rover reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

REPRESENTATIONS AND WARRANTIES

Wash Rover is not under any obligation to enforce the Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and tape appropriate action in our sole discretion. As a user of the Platform, you represent and warrant that you will not, and will not assist, encourage or enable others to:

Use another person's Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Wash Rover's prior written approval, which may be granted or withheld in Wash Rover’s sole discretion; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Wash Rover reserves the right to revoke these exceptions either generally or in specific cases);
n any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;
Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third- party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Wash Rover or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (hereinafter defined) structure, billing, or Fees owed;
As a Service Member, use the Platform in any manner that circumvents your obligation to pay Wash Rover for access to services provided by the Platform;
As a Service Member, notwithstanding anything to the contrary contained in these Terms, “sell” any personally identifiable data, including but not limited to information related to Customer Members;
Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Recruit, solicit, or contact in any form Service Members or Customer Members for employment or any other use not specifically intended by the Platform;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate any key Wash Rover policies that govern your use of the Platform and our interactions with you and third parties;
Advertise or solicit a Service not related to or appropriate for the Platform including, but not limited to any Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) competes with the business of Wash Rover; (g) is based outside the United States; (h) promotes or offers junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Service not reasonably available to a Customer Member or other individual in that Customer Member or individual’s location;
Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Wash Rover mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Wash Rover, (b) offers to purchase a Service or any other service outside of Wash Rover, or (c) using a profile page or user name to promote services not offered on or through the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
Fail to perform Services purchased from you as promised, unless the Customer Member or other individual fails to materially meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Members or other individual’s identity;
Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Wash Rover;
Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
Agree to purchase a Service when you do not meet a Service Member's requirements;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;
Threaten, stalk, harm or harass others, or promote bigotry or discrimination;
Record, process or mine information about users;
Attempt to gain unauthorized access to the Platform, Accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means;
Use the Platform or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
Use the Platform to violate the security of any computer network, crack passwords or security encryption codes, or disrupt or interfere with the security of, or otherwise cause harm to, the Platform or Service Content;
Use the Platform to violate any applicable law; and
Attempt to indirectly undertake any of the foregoing.

BUDGET, FEES, AND TAXES

In connection with the use of Wash Rover’s Platform, Wash Rover charges certain fees (“Wash Rover Fees” or “Fees”).

Service Members can pay Fees to Wash Rover in order to receive certain services on the Platform, including but not limited to being matched with and receiving contacts from Customer Members or other individuals. As a Service Member, Wash Rover will automatically charge your stored payment method when those Customer Members or other individuals contact you. Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services. In order to use Wash Rover, you must have at least one valid payment method stored on file. As described more fully below, you may also be required to set a weekly spending limit or Budget (as defined below) for at least one service category (which may also apply to contacts in jobs related to your preferences). Except as otherwise described herein, all sales on Wash Rover are final and non-refundable.

Budget for Service Members. [delete if not applicable]

As a Service Member, Wash Rover may require you to set one or more weekly spending limits (“Budgets”) for how much you are willing to spend on certain Fees over a specific period (“Budget Period”). The types of leads or other Fees that count against your Budget will be disclosed to you at the time you set your Budget. You understand that Wash Rover may charge your stored payment method in excess of your Budgets if such charges relate to Fees not covered by your budget, or if you otherwise give Wash Rover permission to do so. You will not be charged the Budget amount upfront or automatically – your Budget is not a subscription. Rather, you will be charged Fees (as further described below) and the types of Fees covered by a Budget will not exceed such Budget without your permission. While Wash Rover may provide an estimate for the number of customers who may contact you if you set a particular Budget for a particular Budget Period, you acknowledge and agree that any such estimate is not a guarantee, that Wash Rover does not and cannot control any Customer Member or other individual’s interest in contacting or hiring you, and that actual results will vary.

We will identify the length of the Budget Period when you set your Budget. The length of the Budget Period will not change within a given Budget Period but may be changed for subsequent Budget Periods. If a Budget Period length changes, you can adjust your Budget. If you do not do so, Wash Rover will automatically pro-rate your then-current Budget to the length of the new period. For example, if you indicate you are willing to spend $250 for a one-week Budget Period, the Budget Period shifts to two weeks, and you do not make changes manually, your Budget will automatically be adjusted to $500 for the two-week Budget Period.

Similarly, if Wash Rover merges two or more categories of services for which you have set a Budget or changes your Budget structure to apply across all categories you offer services in, your Budget for the newly combined category or aggregated Budget, respectively, will be the sum of the Budgets for the two or more categories prior to the merger. You will be able to adjust how much you are willing to spend in the newly combined Budget for future Budget Periods. If Wash Rover reverts any such combination, your original Budgets will be restored using your then current aggregate Budget and your pro rata distribution among categories existing immediately prior to such combination.

You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period. If you adjust your Budget upward, the new Budget will take effect immediately. If you adjust your Budget downward, the new Budget will only take effect at the beginning of the next Budget Period. If you do not change your Budget in advance of a subsequent Budget Period, your Budget from the then-current Budget Period will automatically be used for that subsequent Budget Period, subject to the foregoing.

Timing of Charges for Service Members.

As a Service Member using Wash Rover, there are different points at which your payment method may be charged:

If you are new to Wash Rover or do not have a sufficient purchasing history on the Platform as determined in Wash Rover’s sole and absolute discretion, your payment method may be charged each time you are contacted by a Customer Member or other individual and you do not have an adequate Wash Rover balance to cover the cost of that contact.
Once Wash Rover determines, in its sole and absolute discretion, that you have sufficient purchasing history on Wash Rover, Wash Rover may charge your payment method periodically for the total Fees accrued when Customer Members or other individuals contact you. Specifically, Wash Rover may charge your payment method each time (a) a specific time period has passed; and/or (b) within that time period, each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match the Budget Period described above.

Wash Rover may adjust both the specific time period and the dollar threshold that trigger charges in its sole and absolute discretion. Wash Rover may also, in its sole and absolute discretion, revert to charging your payment method each time you are contacted by a Customer Member or other individual and you do not have an adequate Wash Rover balance to cover the cost of that contact.

Default Payment Method.

For ordinary charges of Service Members, Wash Rover will first attempt to charge the default payment method. In the event that Wash Rover is unable to charge that payment method for any reason--including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date or payment method details being incorrect, you agree that Wash Rover may charge any other payment method associated with your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Services. If Wash Rover is unable to charge the default payment method, Wash Rover will attempt to charge any other payment methods associated with your Account in the order in which they were most recently provided, used, or updated on the Platform, charging the most recently provided, used, or updated valid payment method first.

Penalty Fees for All Members.

Wash Rover may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Wash Rover cannot charge a payment method for any reason, Wash Rover reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited to, email address and phone number current. Such communication may be made by Wash Rover or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Wash Rover may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Taxes.

Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of the Services, and you shall be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Wash Rover can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Wash Rover when Wash Rover includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members.

TRACKING COMMUNICATIONS

In order to ensure appropriate charging of Fees and to enforce these Terms, Wash Rover reserves the right to track communications between Customer Members and Service Members that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Customer Member or Service Member. In order to track the occurrence of such communications, Wash Rover may obscure Service Member contact information in a Service Member profile, replace Service Member contact information in a Service Member profile with a different piece of contact information that will forward to the Service Member, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Platform unless we first obtain your permission.

If you send text messages with a Customer Member or Service Member using the telephone number for that Member available on the Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Wash Rover and its service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

PROMOTIONS

You may receive certain offers from Wash Rover (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period. Any Promotions are offered at Wash Rover’s sole discretion, and may be revoked at any time and for any reason.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Wash Rover offering you such Promotion, (b) you satisfy all the requirements identified in such communication; and (c) you maintain an account in good standing with Wash Rover. Wash Rover may condition receipt of a benefit described in a Promotion in any manner it deems appropriate, including limiting eligibility to a subset of Members, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services.

To the extent you are eligible for multiple promotions that discount a Fee, we will apply those promotions sequentially. For example, if you are eligible for both a 15% and 10% discount on a $10 Fee, you will pay $7.65 ($10 - 15% = $8.50 – 10% = $7.65).

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Wash Rover may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.

Promotions are not redeemable for cash or other goods or services not specified in such Promotion. Duplicate use, sale or trade of Promotions is prohibited unless otherwise specified in such Promotion. Unless otherwise specified in the Promotion terms, Promotions do not include any taxes, tips, shipping or handling charges or other additional charges typically not included in the sales price of goods or services. Any such additional chares may be charged to you by the Service Member at the time you redeem the Promotion.

DISPUTES BETWEEN OR AMONG USERS

Wash Rover values its Service Members and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Wash Rover's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Wash Rover or a neutral third-party mediator or arbitrator selected by Wash Rover. Notwithstanding the foregoing, you acknowledge and agree that Wash Rover is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.

FEEDBACK

By sending us any feedback, comments, questions, documents, proposals, ideas or suggestions concerning Wash Rover or our services, including the Platform (collectively, “Feedback”) you agree, represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) agree that we have no obligation to review, consider or implement the Feedback, or to return to you all or part of the Feedback, (iv) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and (v) irrevocably waive, and cause to be waived, against Wash Rover and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.

COPYRIGHT/TRADEMARK POLICY

We expect users to respect copyright and trademark law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright and/or trademark holders.

NO ENDORSEMENT

Wash Rover does not endorse any Member, user, or any Services, and Wash Rover is not a party to any agreements between or among users, Members, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Wash Rover nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Wash Rover may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific services they are using or any involvement by Wash Rover personnel in providing or scheduling those services

Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Wash Rover and is not verification of their identity and whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Wash Rover offers a non-exhaustive list of safety tips to consider when hiring a Service Member. Wash Rover has no responsibility for any damage or harm resulting from for your interactions with other users.

The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Wash Rover. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Wash Rover with respect to such actions or omissions.

PENALTIES FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights reserved herein, Wash Rover may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Wash Rover, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Members of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from our support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Wash Rover agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Wash Rover as follows:

Initial Dispute Resolution:

Most disputes can be resolved without resort to litigation. You can reach Wash Rover's support department at support@mywashrover.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Wash Rover support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration:

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms, the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration, as described below.

Where the relief sought is $10,000 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

Where the relief sought is greater than $10,000, resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 6411 Ivy Lane, 4th Floor, Greenbelt, Maryland; and (c) send one copy of the Demand for Arbitration to Wash Rover at 240 Rugby Rd Arnold MD. You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Wash Rover will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Maryland, United States of America. You and Wash Rover further agree to submit to the personal jurisdiction of any federal or state court in Anne Arundel County, Maryland in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver:

The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.YOU AND WASH ROVER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims:

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out:

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Wash Rover) written notice of your decision to opt out to support@mywashrover.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Wash Rover also will not be bound by them.

Changes to This Section:

Wash Rover will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Wash Rover Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Wash Rover Terms of Use website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.

Survival:

This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.

Third-Party Beneficiary:

You and Wash Rover acknowledge that any third party consumer reporting agency that Wash Rover uses to perform background checks on Service Members is an express and intended third party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Wash Rover will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Wash Rover through binding arbitration remains enforceable.

GOVERNING LAW

The Terms and the relationship between you and Wash Rover shall be governed in all respects by the laws of the State of Maryland, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Wash Rover that is not subject to arbitration must be resolved by a court located in Anne Arundel County, Maryland, or a United States District Court, District of Maryland, located in Greenbelt, Maryland, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Anne Arundel County, Maryland or the United States District Court, District of Maryland located in Greenbelt, Maryland, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WASH ROVER DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WASH ROVER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. WASH ROVER MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WASH ROVER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. WASH ROVER SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WASH ROVER OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT WASH ROVER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES. WASH ROVER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. WASH ROVER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WASH ROVER OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER WASH ROVER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WASH ROVER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; € THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF WASH ROVER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO WASH ROVER BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS ($100.00) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Wash Rover and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Wash Rover and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

GENERAL

Force Majeure:

Other than payment obligations, neither Wash Rover nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts or threats of terrorism; civil disorder; strikes; lockouts; governmental regulation or advisory; recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases); government action or statement of policy which limits, prohibits or curtails transportation; orders by a national, state, city, or local government or multilateral organization; and/or the curtailment or stoppage(s) of services performed due to any of the foregoing.

No Third-Party Beneficiaries:

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent:

You agree that Wash Rover may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Wash Rover, Customer Members, Service Members, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Wash Rover, Customer Members, Service Members, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@mywashrover.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@mywashrover.com with contact information and the address for delivery.

Entire Agreement:

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Wash Rover on the Platform, shall constitute the entire agreement between you and Wash Rover concerning the Platform or Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver:

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Wash Rover's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations:

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Section Headings:

The section headings in these Terms are for convenience only and have no legal or contractual effect. Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@mywashrover.com