Grand & Graham Pets

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Terms of Service

Grand & Graham Pets Terms of Service Last Updated February 10, 2025 These Terms of Service (the “Terms” or the “Agreement”) constitute a legally binding agreement between you and ERI Management Group, LLC, DBA Grand & Graham Pets and G&G Pets, and its subsidiaries, representatives, affiliates, officers and directors (collectively, “Grand & Graham Pets,” “Company,” “we,” “us,” or “our”) governing your use of Grand & Graham Pets’ digital marketplace platform (“the G&G Platform”) and any related content or services for pet parents (the “Pet Parents”) and Pet Care Providers (the “Pet Care Providers”) to find each other, connect with each other, communicate with each other, and arrange for the provision of pet care services (the “G&G Services”). “You” refers to you as a user of any of the G&G Services. Your use of the G&G Services is also subject to our Privacy Policy and Community Guidelines (as further set forth below in Section 3, Additional Terms). The Platform includes grandgrahampets.com and any of its subdomains, versions, or localized sites. Grand & Graham Pets has no control over the conduct of Pet Care Providers or any other users of the G&G Services. YOU ACKNOWLEDGE AND AGREE THAT GRAND & GRAHAM PETS IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES. THE DISPUTE RESOLUTION PROVISIONS IN SECTION 21, 22, and 23 OF THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, CLASS ACTION WAIVERS, AND AN INDIVIDUAL PRIVATE ATTORNEYS GENERAL ACT WAIVER THAT REQUIRE YOU AND GRAND & GRAHAM PETS TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS AND THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

  1. Acceptance of these Terms By agreeing to these Terms, and/or by using or accessing the G&G Services (including without an account), you expressly acknowledge that you understand and accept all of the Terms (including the dispute resolution and arbitration provisions below). BY USING THE G&G SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE G&G SERVICES.
  2. Changes to these Terms Grand & Graham Pets may, in its sole discretion, amend the Terms and modify or update the G&G Services from time to time. If we change these Terms, we will give you notice by posting the revised Terms on the G&G Platform, sending you an email, and/or displaying a notice at login. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the G&G Services will constitute your acceptance of the amended Terms.
  3. Additional Terms Our Privacy Policy and Community Guidelines applicable to your use of the G&G Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time. BY ACCESSING OR USING THE G&G SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS. If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the G&G Services. If you violate the provisions of the Additional Terms, Grand & Graham Pets may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the G&G Services in whole or in part. By continuing to use the G&G Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the G&G Services. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
  4. Your Consent to Receive Calls, Text Messages, Emails, Mail, and Other Communications You expressly consent to receive and accept communications from Grand & Graham Pets, including via email, telephone calls (including by an automatic telephone dialing system or a prerecorded voice), text messages, video communications, postal mail, or other comparable means at any of the email addresses, mailing addresses, and/or telephone numbers provided by you or on your behalf to Grand & Graham Pets. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, debt collection, account administration, or other purposes. Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our G&G Services and to approve any related carrier charges. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE G&G SERVICES.
  5. Eligibility You must be at least eighteen (18) years old to use the G&G Services.
  6. Acceptable Use of the G&G Services You are responsible for your use of the G&G Services, and for any use of the G&G Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us. When you use the G&G Services, you may not: violate any law or regulation or use the G&G Services for any unintended or illegal purposes; violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; provide false information in your profile on, or registration for, the G&G Services; post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; send unsolicited or unauthorized advertising or commercial communications, such as spam; engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the G&G Services; transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, or harm another individual; impersonate any person or entity, maintain more than one account (or, if Grand & Graham Pets suspends or terminates your account, create further accounts), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud; use any means to scrape or crawl any Web pages contained in the G&G Services; use the G&G Services to identify Pet Care Providers or Pet Parents to complete off-line transactions that circumvent your payment obligations for the G&G Services; authorize other users to use your user status or transfer your account to any other person or entity; attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the G&G Services; interfere with Grand & Graham Pets’ provision of, or any other user’s use of, the G&G Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the G&G Services; solicit another user’s username and password for the G&G Services; post reviews about Pet Care Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms; use the G&G Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the G&G Services; or advocate, encourage, or assist any third party in doing any of the foregoing.
  7. Grand & Graham Pets as a Marketplace Technology Platform As the provider of the G&G Platform, Grand & Graham Pets does not provide, control, offer, or manage any pet care services. Grand & Graham Pets makes no representations or warranties about the quality of pet walking, pet boarding, pet sitting, house sitting, transportation, or other services provided by Pet Care Providers, or about your interactions and dealings with Pet Care Providers or other users. Grand & Graham Pets does not employ, recommend, or endorse Pet Parents or Pet Care Providers, and we are not responsible or liable for the performance or conduct of Pet Parents or Pet Care Providers, whether online or offline. Grand & Graham Pets does not procure insurance for Pet Parents (or their pets) or Pet Care Providers, nor is Grand & Graham Pets responsible for the property of Pet Parents or Pet Care Providers. Grand & Graham Pets may, at its sole and reasonable discretion and in accordance with applicable law, invite Pet Parents and/or Pet Care Providers voluntarily to undergo background check(s) conducted by a third-party provider, at their own cost. Additionally, in accordance with applicable law, and at Grand & Graham Pets’ sole and reasonable discretion, periodically during the term of this Agreement Grand & Graham Pets may invite Pet Parents and Pet Care Provider to undergo additional background check(s). Grand & Graham Pets agrees that any such check(s) may be conducted only with Pet Care Provider’s and Pet Parent’s consent (as applicable) and in accordance with applicable law. Grand & Graham Pets does not provide, and is not responsible or liable in any manner for, the background check(s), and Grand & Graham Pets does not endorse or make any representations or warranties regarding the reliability of such background checks or the accuracy, timeliness or completeness of any information in the background checks, nor does Grand & Graham Pets independently verify information in the background checks.
  8. Pet Care Provider Responsibilities (a) As a Pet Care Provider, you agree and represent that you are customarily engaged in the independently established trade of providing pet care services, separate and apart from the technology and referral services provided by Grand & Graham Pets, and that you satisfy any and all legal requirements necessary to perform the Pet Care Services (as defined below) contemplated by these Terms. You agree that you will personally perform all Pet Care Services. You agree and represent that you will not subcontract the Pet Care Services to any third party and understand that given the personal nature of these Pet Care Services, any violations of this provision will result in the immediate termination of your account. (b) From time to time, the G&G Platform will present to you requests from Pet Parents seeking pet care services, including, but not limited to, walking, boarding, pet sitting, house sitting, or daycare (each, a “Pet Care Request”). Each presented Pet Care Request will include the following information, if applicable: (1) the type of service sought and its approximate duration and (2) the date, approximate time, and approximate location of the pet care services sought. (c) You understand and agree that the Pet Parent, not Grand & Graham Pets, determines the parameters of each Pet Care Request presented on the G&G Platform. You understand and agree that the parameters of each Pet Care Request represent the end result desired, not the means by which you are to accomplish the end result. You will be solely responsible for determining the dates and times at which you will be available to perform Pet Care Requests and may respond (or decline to respond) to Pet Care Requests available during those dates and times. You will have no obligation to respond to any Pet Care Request. Grand & Graham Pets will inform a Pet Care Provider if and when the Pet Care Request has been mutually accepted by both parties. (d) You further understand and agree that you and the Pet Parent are free to negotiate the terms of any Pet Care Request, and each party is free to decide whether or not to engage the other based on those terms. You further understand and agree that Pet Parents can decide not to engage any particular Pet Care Provider, and that you can choose not to view or respond to Pet Care Requests from a particular Pet Parent. (e) Once a Pet Care Request has been mutually accepted by you and the Pet Parent (becoming “Pet Care Service”), you agree to complete the Pet Care Service (1) under the terms sought by the Pet Parent and presented to you and (2) in compliance with any and all applicable federal, state and local laws, rules and regulations, including but not limited to applicable safety laws, rules, and/or regulations. You shall perform the Pet Care Services in a professional manner, consistent with professional and industry standards. (f) You authorize Grand & Graham Pets, during the course of your Pet Care Service, to communicate with you and/or the Pet Parent, to the extent permitted by you, in facilitating the Pet Care Service. However, under no circumstances shall Grand & Graham Pets be authorized to control the manner or means by which you perform the Pet Care Service. (g) You further understand and agree that the Pet Parent is solely responsible for assigning the star rating of the Pet Care Provider for any completed Pet Care Service, and that Grand & Graham Pets does not determine, influence, or modify star ratings in any way. You also understand and agree that any publicly written reviews on or off the G&G Platform are solely created by Pet Parents, and that Grand & Graham Pets does not endorse, influence, or modify such reviews, nor make any representations as to their accuracy or legitimacy. (h) If after responding to and accepting the Pet Care Request, you cannot perform the Pet Care Services as described therein, including at the published date and time, you will communicate with the Pet Parent directly regarding a change in terms within a reasonable amount of time. You understand that any such change in previously accepted terms is at the sole discretion of you and the Pet Parent, and that disagreements over a change in terms may result in a cancelled booking, a lower star rating, and/or a negative written review. (i) You acknowledge that Grand & Graham Pets is in the business of connecting Pet Care Providers and Pet Parents, and that said business is how Grand & Graham Pets earns its income. As a result, you agree that if you choose to provide pet care services off of the G&G Platform to a Pet Parent whom you were first referred to and/or learned about through the G&G Platform, Grand & Graham Pets may suspend or remove your account. Further, Grand & Graham Pets is not responsible for the care, costs, or any other liabilities arising from activities conducted outside of the G&G Platform. You will receive an email notification regarding any changes to your account status for providing pet care services outside of the G&G Platform. (j) You agree that in the event you fail to fully perform any Pet Care Service (a “Service Failure”), Grand & Graham Pets and/or the Pet Parent reserves the right to recover any costs incurred or fees related to such Service Failure that results from your action or omission, including by subtracting the amount from any pet care fees owed to you. If you provided inaccurate, fraudulent, outdated or incomplete information regarding a payment account or your account is subject to fraud or any illegal activity, Grand & Graham Pets and/or the Pet Parent may also recover such costs or fees in the same manner. You will be notified in writing of any recovery.
  9. Payment Terms for Pet Care Providers (a) Unless notified in writing by Grand & Graham Pets or as otherwise provided herein, Pet Care Provider will receive payment from Pet Parent per completed Pet Care Service in the amount presented at the time the Pet Care Request is mutually accepted by the Pet Care Provider and the Pet Parent. The posted amount that the Pet Parent sees and pays is based on the price the Pet Care Provider sets for the applicable Pet Care Services (as agreed by the Pet Parent) and may also include, but is not limited to, other applicable taxes, G&G Platform usage fees (which includes, among other things, G&G Platform-related services that Grand & Graham Pets provides), or other fees. Pet Care Provider acknowledges and understands that the Pet Care Provider may, in his/her sole discretion, set, change, or modify the price Pet Care Provider charges for certain Pet Care Services on the G&G Platform from time to time, and that Grand & Graham Pets, or a third-party payment processor, will facilitate the payment from Pet Parent to Pet Care Provider. Pet Parents have the option to pay a gratuity to the Pet Care Provider through the G&G Platform; should a Pet Parent choose this option, one hundred percent (100%) of the gratuity will be paid to the Pet Care Provider. Gratuities are not mandatory. The compensation posted for any given Pet Care Request is unique, and therefore independent of any other Pet Care Request, regardless of similarities in the type of care requested, Pet Parent, date, time, and location. Grand & Graham Pets agrees to facilitate your payment for a Pet Care Service successfully completed by Pet Care Provider to Pet Care Provider via Stripe, Inc. (“Stripe”), our third-party payment processor, with whom you may be required to establish an account to access the G&G Services. (b) Pet Care Provider acknowledges and understands that because he/she has the right to set his/her own price for the Pet Care Services Pet Care Provider provides on the G&G Platform, (1) Grand & Graham Pets cannot guarantee any volume of Pet Care Requests presented to the Pet Care Provider and (2) that such volume is based on Pet Parents’ requests for his/her Pet Care Services, which may be affected by a variety of factors in such Pet Parents’ sole discretion, including but not limited to, the market in which he/she operates, the date and time for the Pet Care Services, prices he/she sets for Pet Care Services, his/her star ratings and Pet Parent reviews, and his/her unique qualifications and experience. Pet Care Provider is free to set, modify or change the prices he/she charges for Pet Care Services at any time, or to ignore any Pet Care Requests, as a means of determining the rate at which Pet Care Provider’s Pet Care Services are performed. Grand & Graham Pets will not, and has no right to, alter or change the price the Pet Care Provider sets for the applicable Pet Care Services. Pet Care Providers are solely responsible for setting, updating, and verifying that their rates are accurate and displayed as intended. Adjustments to the Company’s service fee may occur from time to time and may affect the displayed rate and the amount a Pet Care Provider ultimately receives. Both Pet Parents and Pet Care Providers will be notified of any such changes. (c) From time to time, Grand & Graham Pets may, in its sole and reasonable discretion, make available certain offers and rewards to Pet Care Providers for advertising and/or otherwise promoting the G&G Platform or Pet Care Requests (“Pet Care Provider Promotions”). Such Pet Care Provider Promotions will be provided to Pet Care Providers via Grand & Graham Pets, by email or otherwise made available electronically by Company. Each Pet Care Provider Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time and location requirements. Pet Care Provider agrees not to abuse or manipulate Pet Care Provider Promotions. Pet Care Provider understands that any abuse or manipulation constitutes a material breach of this Agreement and may lead to deactivation, and that Pet Care Provider forfeits any payments. Grand & Graham Pets may modify or disable Pet Care Provider Promotions prior to acceptance at any time for any reason or no reason.
  10. Pet Parent Obligations As a Pet Parent, you hereby represent, covenant, and warrant to Grand & Graham Pets and each Pet Care Provider who performs Pet Care Services that: (1) the pet that you make Pet Care Requests for is your own; (2) your pet is free from fleas, ticks, and other pests; (3) your pet is not human-reactive, human-aggressive, and has no bite history, reported or unreported to animal control authorities; (4) you have divulged any material information about your pet, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Pet Care Provider’s ability to perform the Pet Care Services; (5) you will have your pet fully vaccinated and up-to-date on all forms of preventative medicine prior to receiving services from a Pet Care Provider; (6) you will comply with all laws and ordinances applicable to your activities conducted through the G&G Services, including ensuring your pet is licensed and wears all required tags, collars, or other identifying items as required by local law; and (7) the pet(s) for which you are seeking services are not dangerous or otherwise likely to injure others. If you elect to use the G&G Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet. You acknowledge and agree that if you allow another person to access your account or if you make Pet Care Requests for a pet that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the G&G Services, including all costs incurred or associated with such engagement. You are fully responsible for the actions of your pet. You understand, acknowledge and agree that, as between you and Grand & Graham Pets, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your pet, including without limitation, claims by third parties (including Pet Care Providers) for damage, loss, or injuries resulting from bites or attacks on such third parties by your pet. Incidents, injury, damage, or loss caused by your pet may be governed by applicable state liability laws. Grand & Graham Pets will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you elect to use a Pet Care Provider through the G&G Services, you shall carry applicable liability insurance sufficient for the Pet Care Requests you make, their associated risks, and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Pet Care Provider through the G&G Services. You understand and agree that any Pet Care Provider from whom you may seek or obtain pet care services via the G&G Platform is an independent contractor, and not a partner, joint venturer, agent, legal representative, employer, worker, or employee of Grand & Graham Pets. Pet Care Providers have no ability or authority to represent Grand & Graham Pets or otherwise make statements or commitments on Grand & Graham Pets’ behalf. Pet Care Providers have the sole and absolute discretion to reject or refuse any Pet Care Requests that you may make including if they violate any law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms. During a Pet Care Service, a Pet Care Provider may terminate the service at any time if they feel unsafe in a Pet Parent’s home. If you, in your sole discretion, choose to provide aversive equipment to Pet Care Providers, including, without limitation, a retractable leash, muzzle, shock collar, and prong collar, you acknowledge and agree that the use of such equipment may pose safety risks to your pet, Pet Care Providers, and the general public. You acknowledge and agree that you will assume all liability for any injury, damage, or incident arising from the use of the equipment you provide. For the safety and security of your pet, Grand & Graham Pets strongly advises that pets remain on a leash at all during walks and not be taken to dog parks during care. Grand & Graham Pets expressly reserves the right, in its sole discretion, to remove a Pet Parent’s pet from a Pet Care Provider’s care should Grand & Graham Pets deem it necessary for the safety of a pet, the Pet Care Provider, or any third parties. Prior to removing a pet from the care of a Pet Care Provider, Grand & Graham Pets will use reasonable efforts during its normal business hours to contact the Pet Parent and/or the Pet Parent’s emergency or trusted contact (if provided) to arrange alternative care. Should Grand & Graham Pets not be able to contact the Pet Parent or the emergency contact, Grand & Graham Pets will use its best judgment to find alternative care for the pet until the Pet Parent is able to retrieve his/her pet. As a Pet Parent, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Grand & Graham Pets in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by Grand & Graham Pets in connection with such transfer. If, however, your Pet Care Provider or Grand & Graham Pets reaches you with a request to authorize medical care for your pet and you refuse, you waive, release, and promise never to assert any claims or causes of action arising out of or relating to the failure to seek such care, whether or not known at the time of such refusal, against Grand & Graham Pets or its predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns, or the applicable Pet Care Provider with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing. You expressly waive and release any and all rights and benefits under Section 1542 of the California Civil Code (or any analogous law of any other state), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
    If, instead, your Pet Care Provider or Grand & Graham Pets reasonably determines, in their good-faith judgment, that a medical emergency exists in which delay in treatment to obtain your prior written approval would, materially risk your pet’s life, cause unnecessary suffering, or materially worsen your pet’s condition (a “Medical Emergency,”), you authorize Grand & Graham Pets and the Pet Care Provider to act in their reasonable best judgment to obtain veterinary evaluation and treatment on your behalf. Such emergency care shall be provided in accordance with the Medical Emergency Directive you selected in your intake form, including any directions regarding life-sustaining treatment, comfort-only care, or authorization for humane euthanasia. As a Pet Parent, you acknowledge that Grand & Graham Pets is in the business of connecting Pet Parents and Pet Care Providers, and that said business is how Grand & Graham Pets earns its income. As a result, you agree that arranging a booking on Grand & Graham Pets, then completing it off Grand & Graham Pets violates our Terms of Service and could result in losing your access to Grand & Graham Pets. Grand & Graham Pets is not responsible for the care, costs, or any other liabilities arising from activities conducted outside of the G&G Platform.
  11. Payment Terms for Pet Parents (a) General Payment Terms Pet Parents and Pet Care Providers transact with each other on the Grand & Graham Pets marketplace when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of pet care services via the booking mechanism provided on the Grand & Graham Pets marketplace. You may choose to transact with certain Pet Care Providers from time to time based on a variety of factors in your discretion, such as your desired price range, a Pet Care Provider’s rate, a Pet Care Provider’s profile, a Pet Care Provider’s star ratings and reviews, and a Pet Care Provider’s cancellation policy. As a Pet Parent, you understand that use of the G&G Services will result in you owing fees to the Pet Care Provider for the pet care services you receive from such Pet Care Provider. Grand & Graham Pets will facilitate your payment of the applicable charges on behalf of the Pet Care Provider through Stripe, our third-party payment processor, with whom you may be required to establish an account to access the G&G Services. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Provider. Charges will be inclusive of applicable taxes where required by law. All Pet Care Providers are required to select cancellation policies when creating their accounts on the G&G Platform so that you are aware of the cancellation policy when you make Pet Care Requests. You agree to be bound by the cancellation policy associated with the Pet Care Services provided to you. For more information about cancellation policies, please visit the Community Guidelines. All charges are due immediately. Grand & Graham Pets, or Stripe, will process your payment on the Pet Care Provider’s behalf using the primary payment method designated by you in your Grand & Graham Pets account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Grand & Graham Pets may, as the Pet Care Provider’s limited payment collection agent, use a secondary payment method in your account, if available. The fees owed to Pet Care Providers are not inclusive of tip or gratuity for the Pet Care Provider. While you are free to provide gratuity to any Pet Care Provider who performs Pet Care Services obtained through the G&G Services, you are under no obligation to do so. After you have received services or goods obtained through the G&G Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider. In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of pet care services from Pet Care Providers (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or G&G Platform usage fee, (3) fees for any necessary and pre-approved items purchased on your behalf, such as medication, food, or replacement gear. A description of known or anticipated Charges will be displayed on the G&G Platform so that you can review them before making Pet Care Requests. You retain discretion to decline a Pet Care Provider’s acceptance of your Pet Care Requests if the total applicable fee or charge known at the time of booking is not acceptable to you. Certain Charges may be identified and presented to you during or shortly after an active Pet Care Service, including, by way of example, transportation or additional days of sitting. Except as expressly set forth below with respect to emergency medical care, you will be responsible only for such Charges that are identified during or shortly after a Pet Care Service and that you expressly approve in writing. For the avoidance of doubt, approval by electronic transmission, including but not limited to text message, email, or instant message, shall constitute approval in writing. Notwithstanding the foregoing, if a Medical Emergency occurs, you agree to be financially responsible for all Charges reasonably incurred in connection with such emergency care, to the extent consistent with the Medical Emergency Directive you selected in your intake form. From time to time, Grand & Graham Pets may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions, or referrals links or codes to Pet Parents (the “Pet Parent Promotions”). Such Pet Parent Promotions will be provided to Pet Parents via the G&G Platform, by email, or otherwise made available electronically by Grand & Graham Pets. Such Pet Parent Promotions are only valid for redemption through the G&G Services and are not transferable or redeemable for cash except as required by law. Each Pet Parent Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements. Grand & Graham Pets, at its sole discretion, reserves the right to issue Pet Parent Promotions with different features, discounts, offers, or deals to any users or groups of users determined solely by Grand & Graham Pets. These Pet Parent Promotions, unless made to you, shall have no bearing whatsoever on your use of the G&G Services or any Pet Parent Promotions offered to you. Grand & Graham Pets reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Pet Parent Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the Pet Parent was found to be in violation of the terms of such Pet Parent Promotion, these Terms, or the Additional Terms. Pet Parent Promotions may be modified, disabled, or withdrawn by Grand & Graham Pets at any time for any reason or no reason without liability to Grand & Graham Pets. You acknowledge and agree that Grand & Graham Pets may limit or temporarily or permanently suspend your use of or access to the G&G Services if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method, (2) any amounts you owe for pet care services are overdue or in default, or (3) Grand & Graham Pets believes in good faith that such action is reasonably necessary to protect the personal safety or property of Grand & Graham Pets, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity. [(b) Automatic Subscription Renewal and Cancellation GRAND & GRAHAM PETS PREMIUM PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PERIOD EQUIVALENT TO THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. You may cancel your paid membership subscription at any time by following the instructions on your account settings page or by contacting us via email at hello@grandgrahampets.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.] (c) Payment Authorization Upon addition of a new payment method or each Pet Care Request, Grand & Graham Pets may seek authorization of your selected payment method to verify the payment method, ensure the pet care service charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of the authorization exceed the total funds on deposit in your account, you may be subject to overdraft of Non-Sufficient Funds (NSF) charges by the bank issuing your credit, debit, or prepaid card. Grand & Graham Pets cannot be held responsible for these charges and is unable to assist you in recovering them from your issuing bank. Grand & Graham Pets reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
  12. User Content The G&G Services allow you to upload, submit, store, send, or receive data, information, and content (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data. When you upload, submit, store, send, or receive User Content to or through the G&G Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the G&G Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve the G&G Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is irrevocable, sublicensable, fully-paid, and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the G&G Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the G&G Services. You promise that: you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear or whose pets appear in your User Content); and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share, and display your User Content (including Pet Parents’ reviews of Pet Care Providers) or Pet Care Providers’ reviews of Pet Parents or their pet(s) in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content or Pet Care Providers’ reviews, and we reserve the right to monitor, screen, edit, or remove your User Content or Pet Care Providers’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s content policies. Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance. We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to your User Content. If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander). Grand & Graham Pets offers a chat feature on the G&G Platform to better connect Pet Parents with Pet Care Providers. Data, information, and content sent through the chat feature is User Content that is subject to these Terms. We are able to access this User Content and reserve the right (but have no obligation) to monitor, screen, edit, or remove your User Content. Users should be mindful when communicating information to third parties, and we recommend that you refrain from disclosing or sending sensitive information through the chat feature, such as personal financial information, log-in account information, passwords, and/or personal contact information (including phone numbers and email addresses). The G&G Services may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Grand & Graham Pets has no obligation to preserve or indefinitely store any reviews. If you are a Pet Care Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the G&G Services, whether before or after termination of your account for the G&G Services. We will have no liability to you for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to screen, edit, or remove these reviews from the G&G Services at any time.
  13. Ownership Other than User Content, we own or license all right, title, and interest in and to (a) the G&G Platform, including all software, text, media, and other content available on the G&G Platform (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The G&G Platform, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the G&G Platform are copyright © Grand & Graham Pets. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Grand & Graham Pets.
  14. Copyright and Intellectual Property Policy We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: Your address, telephone number, and email address. A description of the copyrighted work that you claim has been infringed. A description of where the alleged infringing material is located. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Copyright Agent: For clarity, only copyright infringement notices should be sent to our Copyright Agent at hello@grandgrahampets.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
  15. Call Recording and Monitoring You agree that all telephone conversations between you and Grand & Graham Pets, or other G&G Platform users, may be monitored and recorded for quality assurance and training purposes.
  16. Privacy Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account, including without limitation, as a result of phishing or other similar attacks. Grand & Graham Pets may use third-party web analytics services on the G&G Platform, such as Google Analytics. This technology analyzes how the G&G Services are used by visitors and may also provide the third-party website from which a user arrives. The information collected by the technology will be disclosed to or collected directly by these third-party service providers, who use the information to evaluate your use of the G&G Services. For more information on this please see the Grand & Graham Pets Privacy Policy.
  17. Third-Party Beneficiaries Pet Care Providers (when the Terms are agreed to between Grand & Graham Pets and a Pet Parent) and Pet Parents (when the Terms are agreed to between Grand & Graham Pets and a Pet Care Provider) are each a third-party beneficiary of these Terms, and upon acceptance of these Terms, the Pet Care Provider or Pet Parent (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.
  18. Suspension and Termination We reserve the right to not provide the G&G Services to any person. We also reserve the right to suspend or terminate any user’s right to access the G&G Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Pet Parents and Pet Care Providers. If your conduct on the G&G Platform or with respect to the G&G Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the G&G Services automatically terminates.
  19. Disclaimer and Limitations on Our Liability YOU USE THE G&G SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE G&G PLATFORM AT YOUR OWN RISK. THE G&G SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE G&G PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRAND & GRAHAM PETS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, GRAND & GRAHAM PETS AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE G&G PLATFORM, PRODUCTS OFFERED FOR SALE THROUGH THE G&G PLATFORM, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE G&G SERVICES. GRAND & GRAHAM PETS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE G&G SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE G&G SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE G&G PLATFORM BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE G&G PLATFORM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE G&G SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE G&G SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE G&G SERVICES. YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE G&G PLATFORM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE G&G SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE G&G SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) OR, IF YOU HAVE NOT PAID GRAND & GRAHAM PETS FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD. Neither Grand & Graham Pets nor any Pet Care Provider guarantees the quality, condition, suitability, or safety of any food, treats, toys, medication, or other items supplied by or purchased on the behalf of the Pet Parent. This includes, without limitation, whether such items meet the Pet Parent’s expectations or standards, or whether they are unexpired or otherwise appropriate for the pet. You acknowledge that pets may also ingest or come into contact with hazardous items while outdoors including, without limitation, glass, needles, trash, foods toxic to pets, or other dangerous materials, and that neither the Company nor the Pet Care Provider can guarantee that such exposures will not occur. You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
  20. Indemnification You agree to indemnify and hold harmless Grand & Graham Pets and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any (1) actual or alleged breach of these Terms or the Additional Terms by you or anyone using your account; (2) transactions, interactions or disputes with other users of the G&G Services, whether online or offline; (3) your misstatements, omissions, misrepresentations, or violation of applicable law; (4) any of Your Content; (5) any text messages or other communications that you initiate to other Users or to third parties through the G&G Services; and (6) the actions of your pet(s), including any property damage or personal injury to third parties caused by your pet or pets under your care. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION 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 PRIOR WRITTEN CONSENT.
  21. Arbitration Agreement & Waiver of Certain Rights For purposes of this Section 21 (“Arbitration Agreement”), references to “Grand & Graham Pets” include our Affiliates. (a) Applicability. You and Grand & Graham Pets agree that any dispute or claim arising out of or relating in any way to your use of the G&G Services, these Terms, the Additional Terms, your relationship with Grand & Graham Pets, or your receipt of any communications from Grand & Graham Pets will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court to the extent your claims qualify, remain in such court, and advance solely on an individual basis. In addition, this arbitration agreement does not apply to claims of sexual assault or sexual harassment to the extent prohibited by applicable law. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the G&G Services, any other goods, services, or content made available through the G&G Platform, your relationship with Grand & Graham Pets, the threatened or actual suspension, deactivation, or termination of your account with Grand & Graham Pets, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Grand & Graham Pets, any communications you receive from Grand & Graham Pets, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of Grand & Graham Pets, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with Grand & Graham Pets and any such claims and disputes may be governed by separate agreements. (b) Arbitration Rules, Governing Law, Forum. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. To the extent the Federal Arbitration Act does not apply, the California Arbitration Act, California Code of Civil Procedure § 1280 et seq., will govern the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on a comparable alternative arbitral forum. Unless the parties agree otherwise, the seat and venue of the arbitration will be San Francisco, California, and any in-person hearings will take place there. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to 1401 21st Street, Suite R, Sacramento, CA 95811, and hello@grandgrahampets.com. In the event that you and Grand & Graham Pets have agreed to this Arbitration Agreement, you and Grand & Graham Pets shall equally share the responsibility to pay filing fees, except that the amount of your share of the filing fee shall not exceed the amount that would be paid for you to initiate the claim in a court of competent jurisdiction in the state of your residence. You and Grand & Graham Pets shall equally share the responsibility to pay administrative fees and other similar and usual administrative costs, as are common to both court and arbitration proceedings, unless applicable law provides otherwise, in which case you shall only be responsible for administrative fees and costs to the maximum extent permitted by law. Grand & Graham Pets shall pay any costs uniquely associated with arbitration, such as payment of the Arbitrator’s fees. Grand & Graham Pets shall pay any room rental costs, if necessary. You shall not be required to bear any type of expense that you would not be required to bear if you had pursued the claim in court. You and Grand & Graham Pets shall each pay your own attorneys’ fees, except that the arbitrator may award reasonable attorneys’ fees to the prevailing party to the extent required by law. (c) Authority of Arbitrator. The arbitrator—not a court—shall have exclusive authority to (1) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (2) resolve any dispute related to the interpretation, applicability, enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (3) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Additional Terms, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7 (or similar rule if not arbitrated by the AAA). The arbitration will decide the rights and liabilities, if any, of you and Grand & Graham Pets. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Grand & Graham Pets. (d) Waiver of Jury Trial. YOU AND GRAND & GRAHAM PETS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. (e) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in San Francisco County, California for adjudication before a judge, not a jury. All other claims shall be arbitrated. (f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by emailing a written notice of your decision to opt out to: hello@grandgrahampets.com, within thirty (30) days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, the email address you used to set up your Grand & Graham Pets account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. (g) Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Grand & Graham Pets. (h) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Grand & Graham Pets makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing Grand & Graham Pets a notice of your rejection to hello@grandgrahampets.com. Your rejection of any such changes shall not affect the enforceability of any prior version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with Grand & Graham Pets.
  22. Litigation Class Action Waiver For purposes of this Section 22 (“Litigation Class Action Waiver”), references to “Grand & Graham Pets” include our Affiliates. To the extent allowed by applicable law, separate and apart from the Arbitration Agreement, you agree that any proceeding to litigate in court any dispute arising out of or relating to your use of the G&G Services, these Terms, the Additional Terms, your relationship with Grand & Graham Pets, or your receipt of any communications from Grand & Graham Pets, whether because you opted out of the Arbitration Agreement or any other reason, will be conducted solely on an individual basis, and you agree not to seek to have any controversy, claim or dispute heard as a class and/or collective action. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding, without the prior written consent of all parties to any such proceeding. If a court of competent jurisdiction determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void or voidable, the remainder of the Terms shall remain in full force and effect.
  23. Individual PAGA Waiver Notwithstanding any other provision of this Agreement, or the Arbitration Agreement, to the fullest extent permitted by law: you and Grand & Graham Pets agree that, under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq.: (1) any individual claim you bring premised on alleged Labor Code violations that you personally sustained (an “Individual PAGA Claim”) shall be resolved by final and binding arbitration; and (2) any claim under PAGA based on alleged Labor Code violations sustained by one or more individuals other than the claimant shall proceed in a civil court of competent jurisdiction and not in arbitration, and the parties will jointly request that any court in which such claim is pending stay such claim pending completion of the arbitration of the Individual PAGA Claim, and the court may order such a stay to the fullest extent permitted by law (together with Section 23(1), “Individual PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this Individual PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this Individual PAGA Waiver is found to be unenforceable or unlawful for any reason: (1) the unenforceable provision shall be severed from this Agreement; and (2) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining claims or portions of claims be arbitrated on an individual basis pursuant to the Arbitration Agreement.
  24. Other Provisions Under no circumstances will Grand & Graham Pets be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or the G&G Services will be filed only in the state or federal courts located in San Francisco County, California. You and Grand & Graham Pets consent and submit to the personal jurisdiction of such courts for the purposes of any such action. YOU AND GRAND & GRAHAM PETS HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE G&G SERVICES, THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH GRAND & GRAHAM PETS, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH GRAND & GRAHAM PETS. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of Grand & Graham Pets and any purported assignment in violation of this provision shall be null and void.