Meowtel's Terms of Service
Last update: August 1, 2018
Please read these Terms of Service carefully, they contain important information regarding your legal rights and obligations.
I. SCOPE OF TERMS.
These Terms of Service ("Terms”) govern the use of services that Meowtel, Inc. ("the Company,” "Meowtel,” "we,” "us,” "our”) provides through meowtel.com and any other website through which we make our services available ("the Site”). The Terms constitute a binding legal agreement between you and Meowtel. By using or visiting the Site, you agree to comply with these Terms and acknowledge that you have read them and are legally bound to abide by them. If you do not agree to the Terms as stated below, you have no rights to information from, and must immediately discontinue use of, the Site and Services. Use of the Site and Services in a way that does not comply with these Terms may subject you to civil and criminal penalties.
Except as described in the "Additional terms and conditions” section that follows, these Terms constitute the entire and exclusive understanding and agreement between you and Meowtel regarding the Site, Services, Collective Content, and any use thereof.
If you are acting as an agent on behalf of any person in accepting these Terms, you are warranting and representing that you have actual authority to so act. In such situations, any use of "you,” "your,” or similar terms herein applies to the person on whose behalf you are acting.
ADDITIONAL TERMS AND CONDITIONS.
Use of certain areas of the Site and elements of our Services may require you to agree with and accept additional terms and conditions. (For example, additional terms apply when you refer new users through a Meowtel Referral Program.) If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
MODIFICATION OF TERMS.
We reserve the right, at our sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application, or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. You agree that we, upon taking those actions, have given you constructive notice of the modification. Your continued use of the Site or Services after receiving such notice constitutes your agreement to abide by the Terms as modified. If you do not agree to the Terms as modified, you must discontinue use of the Site and Services.
TRANSFERABILITY OF TERMS.
You may not assign or transfer these Terms without our written consent. Any attempt to do so without our consent shall be null and void.
These Terms and you use of our Site and Services will be interpreted according to the laws of the State of Delaware and the United States of America, regardless of conflict-of-laws provisions.
NO WAIVER; SEVERABILITY.
Our failure to enforce any provision of these Terms does not constitute our waiver of future enforcement of that provision. Such waiver is created only by a written and signed communication from Meowtel or an authorized agent.
Should an arbitrator or court of proper jurisdiction find any part of these Terms invalid or void, that part shall be enforced to the maximum permissible extent, and all other parts of the Terms shall remain in full force and effect.
NO THIRD-PARTY RIGHTS.
These Terms neither confer nor are intended to confer any rights to persons other than the parties. Any payment handling systems, including but not limited to Stripe, are considered third party beneficiaries of these Terms solely as they relate to provisions regarding payments. Consent of third party beneficiaries is not necessary to change or modify these Terms.
NOTICE AND COMMUNICATION.
Whenever these Terms permit or require us to contact you, we will do so in writing. This may be in the form of an email to the address you provide upon registration or a posting to the Site. The date of receipt of an email shall be the date on which we send it, and the date of constructive notice of a posting to the Site shall be the date on which we post it.
II. SOME DEFINITIONS.
“Reservation” is a Sitting transaction between a Sitter and an Owner.
"Sitting” is the providing of either cat boarding or cat sitting services by a Sitter.
"Reservation Fees” are amounts due to a Host or Sitter from an Owner in exchange for the Host or Sitter’s providing of Boarding services.
The "Reservation Request Period” is the amount of time during which a Host or Sitter may decide whether to confirm or reject a Reservation request. The length of a Reservation Request Period may vary based on location or other circumstances.
"Collective Content” is Meowtel Content and User Content.
"Content” includes, for example, text, images, graphics, information, reviews, and audiovisual materials.
"Trust & Insurance Fees” are those that we charge an Owner for use of our Services. These fees will be shown to a User as the “Trust & Insurance” line item when attempting to send a Reservation request to a Host or Sitter. As of August 1, 2018, Trust & Insurance Fees are $1 for every $20 increment per Reservation, regardless of duration.
A "Sitter” is a User who creates a Cat Sitting Listing via the Site and Services offering to take care of an Owner’s cat at the Sitter's residence or in the Owner's home.
"Sitter Commissions” are fees that we charge a Sitter for using our Services. These fees are calculated as a percentage of Reservation Fees, and will be shown to a Sitter on their Rates & Availability page and with each Reservation confirmation email. As of August 1, 2018, Sitter Commissions are 18% of the Reservation Fees.
A "Listing” is a Cat Sitting Listing created by a Sitter and made available via the Site and Services.
"Meowtel Content” is all content that we make available through the Site or Services, including content we license from third parties.
An "Owner” is a User who requests or makes a Reservation with a Sitter via the Site and Services.
"Service Fees” are the sum of Trust & Insurance Fees and Sitter Commissions.
"Total Fees” are the sum of the Reservation Fees and Trust & Insurance Fees.
A "User” is a person who completes our account registration process. This includes Sitters and Owners.
"User Content” is all content posted, submitted, or included in a User’s profile or listing and made available through our Site or Services.
III. DISPUTE RESOLUTION.
INTELLECTUAL PROPERTY DISPUTES.
Both you and Meowtel agree to and do hereby submit to specific personal jurisdiction in (1) a state court located in Delaware or (2) a United States District Court for the District of Delaware for any actions in which either party has the right to seek injunctive or other equitable relief to prevent any actual or potential violation of infringement of intellectual property rights.
ALL OTHER DISPUTES.
For disputes not related to infringement of intellectual property rights, you agree that any dispute or claim that arises from or relates to these Terms or to the use of the Site or Services will be settled by binding arbitration. In so agreeing, you further waive the rights to trial by jury and to participation as a plaintiff or class member in any purported class action or similar proceeding.
Unless expressly agreed to in writing between you and Meowtel, any appointed arbitrator may not consolidate the claims of multiple persons, not may they preside over any form of any class or representative proceeding. If this paragraph is deemed unenforceable, then the entirety of this "All other disputes” section is void.
All arbitration will be administered by the American Arbitration Association ("AAA”) in accordance with the AAA Rules, except as modified by the "Dispute resolution” section of these Terms. The Federal Arbitration Act will govern the interpretation and enforcement of this "All other disputes” section and its subsections below.
ARBITRATION RULES AND GOVERNING LAW.
Any arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by the "Dispute resolution” section of these Terms and all its subsections, the arbitration will be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules," available at www.adr.org/Rules).
Per the AAA rules, a person who wants to initiate arbitration must provide the other party with a written Demand for Arbitration. The parties will have the opportunity to select from a list of AAA’s consumer dispute arbitrators. Should the parties fail to agree on an arbitrator within seven days after the delivery of the Demand for Arbitration, the AAA will appoint an arbitrator. The arbitrator’s decision will include the findings and conclusions on which the award, if any, is based. Judgment on the award may be entered in any court having proper jurisdiction. Any award of damages must be consistent with any section of these Terms that recites types and amounts of damages for which a party may be held liable. Declaratory or injunctive relief shall be limited to that necessary to provide relief to the individual claimant.
ARBITRATION LOCATION, PROCEDURE, AND FEES.
Unless you and Meowtel otherwise agree, the arbitration will be conducted in the county where you reside. For claims of $10,000 or less, arbitration will be based on only documents that the parties submit, unless one of the parties requests a hearing (or the arbitrator deems one necessary). For claims of more than $10,000, the AAA Rules govern your right to a hearing. The arbitrator has discretion to direct the parties towards a reasonable exchange of information.
The AAA Rules govern any responsibility you may have to pay any AAA filing, administrative, or other fees. We will pay such fees if your claim for damages does not exceed \$75,000, provided that the arbitrator does not find your claim or the relief you seek in your Demand for Arbitration to be frivolous or brought for an improper purpose (as described under Federal Rule of Civil Procedure 11(b)).
CHANGES TO "DISPUTE RESOLUTION”; REJECTION OF CHANGES.
Notwithstanding the provisions of the "Modification of terms " section above, if Meowtel makes changes to this "Dispute resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you have the right to reject such changes by sending us written notice within 30 days of the date that such change became effective.
By rejecting any change, you agree that you will arbitrate any dispute with us in accordance with this "Dispute resolution" section as it existed on the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
IV. OUR SERVICES.
WHAT WE DO.
Meowtel provides an online platform that connects Sitters with cat owners ("Owners”) seeking sitters or hosts for their cats (collectively, "Services"). The Site and Services comprise an online platform through which Sitters may create listings for their sitting or boarding services, and through which Owners may learn about and book Reservations directly with Sitters. Although Meowtel may provide default terms for transactions made between Sitters, Owners, and Users, Meowtel is not a party to any agreements ultimately entered into by Sitters, Owners, or Users.
HOW IT WORKS.
The Site and Services can be used to list and book cat boarding and sitting services ("Sitting”). These Sittings are included on the Listings on our Site and Services. Unregistered visitors may view Listings, but account registration is required in order to book a Reservation or create a Listing.
Unless we specify otherwise, our responsibilities are limited to ensuring that the Site and Services are available for use by Users and serving as the payment collection agent for Sitters accepting payments from Owners.
We have no control over the conduct of Sitters, Owners, their cats, or any other users of our Site or Services, and we accordingly disclaim all liability as to their actions. We control neither the content, condition, nor suitability of Sitters or their Listings, and we accordingly disclaim all related liability. If you see a questionable review on Meowtel, please report it to us and include any information related to the review that seems objectionable. Meowtel does not take sides in factual disputes, but will review the content of reviews upon request. You are responsible for thoroughly reviewing both these Terms and those of any contract you may enter into with another user of our Site or Services, and should seek advice or counsel as to the meaning and consequences of any language contained therein. Reservations that you make or accept are at your own risk.
Your use of the Site and Services is at your own risk. We are not obligated to conduct background checks on any of our Users, but may do so at our discretion. We provide our Site and Services "as is,” without express or implied warranty. We do not represent that the services provided by us or other Users will be without error or interruption, nor do we make any representation as to the quality, accuracy, or reliability of any Users or Listings.
You are responsible for all communications and interactions you have with other Users of our Site and Services, as well as with any other persons with whom you come in contact as a result of using our Site and Services. We do not make any warrant or endorsement as to the conduct of Users of our Site and Services, whether such conduct occurs online or offline.
LIMITATIONS OF LIABILITY.
You agree and acknowledge that you bear the entirety of any risk that may arise from your use of the Site and Services, your creation or use of any Listings, and any contact you have with other Users. Neither we nor any other party involved in creating or maintaining our Site and Services is liable for any damages in tort, contract, or warranty that may arise from your use of the Site and Services; such damages include, but are not limited to, those for lost profits, personal injury, emotional distress, loss of service, or substitution or cover damages. The remedies set forth by us in these Terms or elsewhere represent the extent of the remedies we make available, even if they are deemed to have failed their primary purpose.
The maximum aggregate liability that we may incur from or in connection with these Terms is limited to the greatest of (1) the amount you have paid or owe for Reservations via the Site and Services as an Owner over the twelve-month period prior to the liability-inducing event, or (2) the amount you have received as a Sitter over the twelve-month period prior to the liability inducing event. If the amount of both of those categories is zero, then the maximum amount of damages for which we may be liable is one hundred dollars (US\$100).
Please note that some jurisdictions do not allow for the limitation or exclusion of liability for consequential damages; we recommend that you seek advice as to the laws of your jurisdiction.
You agree to hold Meowtel and its affiliates, officers, directors, employees, and agents harmless from and against any liabilities, damages, and fees arising from your use of our Site and Services, your User Content, your interactions with any Users (including requesting a Reservation or creating a Listing), the condition of any Reservation, and any injury or loss resulting therefrom.
V. ACCOUNT REGISTRATION.
In order to create a Listing or request a Reservation, you must create an Account and become a User.
The Site and Services are intended solely for persons who are 18 or older. Access or use of the Site or Services by anyone under the age of 18 is prohibited. In accessing or using our Site or Services, you are representing that you are 18 or older. If your state or jurisdiction imposes a higher minimum age in order to use our Site or Services, you must abide by that higher minimum.
REGISTRATION METHODS; SOCIAL NETWORKING CONTENT.
You may register for Services via our Site. You may also register by logging into your account with some third-party social networking sites ("SNS”) including Facebook, LinkedIn, or Google+. If you sign up through an SNS, you may link your Account with your account on those sites by either entering your SNS login information on our Site or allowing us to access your SNS account per the terms and conditions governing that SNS account. When you sign up through an SNS, you are representing that you have authorization to grant us the necessary access to the SNS account without additional fee or usage limitation. Unless specified elsewhere, all SNS content is considered User Content as defined in these terms. You understand that we will be able to access, provide, and store any such content, subject to any privacy settings or limitations you have set on your SNS account. You may disable the link between your Account and your SNS account at any time via the "Settings” section of our Site.
We do not review SNS-derived content for accuracy, legality, or other purposes, and are not responsible for any SNS-derived content; such review is described and governed by the terms and conditions of the SNS.
Your Account and Profile Page will be created based on information either provided by you or obtained via SNS registration. No person shall have more than one active Account. You agree that you will provide accurate and complete information at the time of registration, and that you will make reasonable effort to update such information as long as your Account remains active. Meowtel is not responsible for any liability that may stem from, or somehow be related to, your failure to provide complete and accurate information on your profile.
UNAUTHORIZED USE OF ACCOUNTS.
You are responsible for protecting your Account with a sufficiently strong password. You agree not to disclose your password to any other person. You are solely responsible for any actions taken via your Account, and agree to immediately notify us of any unauthorized use of your Account. We reserve the right to limit or terminate your Account if you create more than one Account or if you provide us with information that we deem inaccurate or incomplete.
VI. SITTER LISTINGS.
Users may create Sitter Listings. To post a Listing, a User must provide information including the location, size, amenities, and availability of the listed Sitting arrangement offered. The User must further provide information about pricing and specific terms to which any Owner must consent if a reservation is made.
A User’s Sitting Listing will be available for public view only after we run a basic background check to verify that the User meets our Sitter standards. By registering to be a Sitter you are consenting to the use of the information provided by you in running a background check. This may include, but is not limited to, credit history, criminal history, and any additional background information that Meowtel may deem relevant to the Sitter position. Once the Listing is available for public view, other Users will be able to book a Sitting via the Site and Services based on information provided in the Listing.
We do not currently charge fees for creating Listings.
ACCURACY OF LISTINGS.
You agree that once an Owner requests to book a Sitting, you shall not ask or require the Owner to pay a higher price than that listed at the time the request was submitted. You are responsible for any and all Listings you submit and represent that your Listings or any Owner’s Reservation thereof will not violate any agreements that you may have with other parties (including rental agreements, leases, or HOA terms). We assume no responsibility for Sitter compliance with such agreements, but do reserve the right to remove any Listings that we deem to be in violation of these Terms or otherwise harmful to the services we provide.
As of May 6, 2016, Meowtel.com offers Premium Insurance Coverage to all Sitters who receive a Reservation through the site. Any Owner that books a Reservation using Meowtel.com will automatically receive this insurance coverage for their cat(s) specified on the Reservation. You can review the details of our insurance policy.
PREMIUM COMMISSION; NO ENDORSEMENT.
We do not endorse any particular User, Sitter, or Listing. Any reference on the Site or Services to a User’s completion of a particular verification or connection process does not represent any statement as to whether the User is more generally trustworthy or reliable. You must exercise due diligence in deciding whether to make a Reservation with a Sitter.
We are not responsible for any damage that results from your interaction with other Users. You agree that you shall not attempt to impose liability on us or seek legal remedy from us for the actions or omissions of another User, except as to payments that we, acting on the behalf of a Sitter, collect and receive from an Owner.
VII. TERMS OF RESERVATIONS AND FINANCIAL ARRANGEMENTS.
STRIPE PAYMENTS AS COLLECTION AGENT.
Sitters agree to and do hereby appoint Stripe Payments as their agent for the limited purpose of accepting Reservation Fees from Owners.
When Stripe Payments receives a payment from an Owner on a Sitter’s behalf, the Sitter shall consider that transaction equivalent to receiving the payment directly and shall accordingly provide the Reservation agreed to between the Owner and the Sitter. Once Stripe Payments receives a payment from an Owner for a Reservation, that Owner has no further payment obligations to the Sitter for that Reservation.
Sitters agree that Stripe Payments is obligated to pay the Sitter only upon Stripe Payments’ receipt of payment from Owners. We do not guarantee payments to Sitters for amounts not received from Owners by Stripe Payments. Stripe Payments does not assume any liability for acts or omissions of the Sitter. If Stripe Payments fails to remit proper amounts to a Sitter as described in these Terms, the Sitter must seek recourse against only Meowtel. Meowtel is not responsible for the handling of payment information for any User and is not responsible for protecting such information or notifying an individual User of possible breaches of the information. Additionally, Meowtel is not liable for any damages or harm that may stem from inappropriate use, release, or storage of this information. Please check the Terms of Service for Stripe Payments for all questions related to handling of this information.
INDEPENDENT SITTER-OWNER AGREEMENT.
Any agreement entered into between Owners and Sitters is strictly between those two parties; we are not party to any Sitting arrangements. We serve as the agent of the Sitter solely in the role of payment collection agent for the amount stipulated by the Sitter and agreed to by the Owner.
We may suggest default terms for transactions between Owners and Sitters, but these suggested terms are for only the convenience of our Users and do not make us a party to any transaction that may ultimately arise based on such terms.
Sitters are solely responsible for honoring confirmed Reservations made through the Site and Services. Owners who enter into Reservations with Sitters understand that they are bound by the terms and conditions associated with and imposed by the Sitter. We are not responsible for performing any obligations that arise under such terms and conditions, and we disclaim all liability arising from such terms and conditions.
MAKING AND ACCEPTING REQUESTS.
When you request a Reservation, you will be asked to provide billing information to either us or our third-party payment processor, Stripe Payments. Upon making such a request, you agree to pay for any confirmed Reservations by a method described in and in accordance with these Terms. You further authorize the collection of amounts by charging the credit card provide at the time of the request for Sitting, as well as any amounts contemplated under "Damage to Boardings” as described below.
If you are a Sitter and an Owner makes a request to sit with you, you must accept or reject the request within the Reservation Request Period. When such a request is made, we will provide you with the first name of the requesting Owner and a link to their profile page.
Whenever a Reservation is accepted by a Sitter, we will send both the Owner and the Sitter an email or message confirming the Reservation.
CHARGES AND REFUNDS.
The amount of Total Fees payable will be shown to an Owner prior to the Owner sending a Sitting request to a Sitter.
Owners agree and acknowledge that we will collect the appropriate Total Fees from the Owner at the time a Reservation is confirmed by the Sitter. The Sitter will receive the Total Fees less our Sitter Commissions once the reservation is confirmed and the Owner makes the payment. The actual time and amount of payment may vary based on the terms and conditions of a given User’s financial institution or selected payout method.
In order to submit a request for Sitting, Owners agree that Stripe Payments may, on behalf of the Sitter, either obtain a pre-authorization for the Total Fees via credit card or charge a nominal amount of no greater than \$1.00 in order to verify a credit card. Typically, Total Fees will not be collected until the Sitter accepts a requested Reservation. We do not control any bank fees that may be charged to an Owner for the collection of Total Fees, and we accordingly disclaim all related liability.
If you become aware of any payment processing errors, please notify us immediately so that we may attempt to rectify those errors and ensure the payment or receipt of proper amounts.
REMITTANCE OF PAYMENT.
Balances due to Sitters will be remitted by Stripe Payments via direct deposit or other payment methods described on the Site https://www.stripe.com.
BY THE OWNER.
If an Owner cancels a Reservation after the Sitter confirms it, the Sitter’s cancellation policy as described in the relevant Listing will apply. We are bound by the terms of any said policy in determining whether we can refund Reservation Fees or other amounts to Owners. The Trust & Insurance Fee is refundable, regardless of the cancellation policies of a given Sitter or Listing.
Stripe Payments is entitled to recover any amount already paid to a Sitter that is due back to the Owner as part of a cancellation. You agree that Stripe Payments is entitled to recover such an amount from you by, for example, subtracting the refund amount from any future amounts due to you.
BY THE SITTER.
If a Sitter cancels a Reservation after having confirmed it, Stripe Payments will refund the Total Fees to the Owner within a reasonable amount of time, and we will send an email to the Owner providing alternative Listings and relevant information. Should the Owner request and receive a Reservation from one of the alternative Listings we provide, the Owner agrees to pay the Total Fees for that Reservation pursuant to these Terms.
Sitters who cancel confirmed Reservations agree and hereby authorize that we may apply certain penalties to you or the relevant Listing. Such penalties include publishing a notice that you canceled the Reservation, making your Listing unavailable for the dates of the canceled Reservation, and imposing a cancellation fee. Sitters will be warned of the cancellation fee immediately prior to confirming any decision to cancel.
￼ Please contact us if a Sitter cancels a confirmed Reservation and you have not yet received a relevant communication from us.
SETOFFS AND DELINQUENT ACCOUNTS.
If you owe us any amount via Stripe, Stripe has discretion to withhold any amounts payable to you (for example, amounts collected by us from Owners for whom you provided hosting or sitting services) and use those withheld amounts to set off the amount that you owe us. If Stripe does so, then your obligation to pay us that amount is extinguished, and our obligations to you with regard to that amount are similarly extinguished.
If your account is delinquent, you may be charged collection fees or convenience fees. Any communications regarding delinquent accounts will be made by email or phone, and may be conducted either by us or a third-party collection agent.
SITTER COMMISSION FEES.
We charge Sitter Commission Fees in consideration for use of our Site and Services. Sitter Commission Fees are deducted from Sitting Reservation amounts before remitting payments to Sitters. Except where otherwise stated, Sitter Commission Fees are not refundable.
Certain tax regulations may require that we collect tax information from our Sitters. We may also be required to withhold taxes from payouts to Sitters.
We must collect an IRS Form W-9 from Sitters. Accordingly, Sitters are responsible for keeping information in their tax forms as current and accurate as possible. Should you fail to provide us with proper tax documentation or related information, we may withhold all payments to you to the extent allowed by law until the failure is remedied or deactivate your Sitter Listing.
Sitters are responsible for determining and satisfying their own tax reporting, payment, and filing requirements. We do not provide tax advice to our Users or Sitters.
OUTSIDE PAYMENTS (DISINTERMEDIATION).
You acknowledge that accepting or making Sitting Fee payments by a method outside of these Terms constitutes a breach of the Terms. You accept all risk and responsibility for making such payments, and we are not liable for any damages that stem from, or are related to, a Reservation in which the Sitting Fee payment was made or accepted by a method outside of these Terms. Additionally, accepting or making Sitting Fee payments outside of Meowtel constitutes a violation of the Terms and may lead to the cancellation of your account, with or without notice.
DAMAGE TO BOARDINGS.
Sitters who Host are responsible for preparing their hosting environments in a way that minimizes the risk of damage to personal property, real property, or other facilities. Should the Host incur damages as a result of a Boarding, Meowtel should be made aware of the dispute so that the appropriate claim can be made to our insurance provider. Meowtel does not inspect or approve the premises prior to Reservations and is not liable for any potential dangers or hazards found on the property.
When using a Sitter, Owners are responsible for preparing their homes in a way that minimizes the risk of damage to personal property, real property, or other facilities. Should the Owner or Sitter incur damages as a result of a Sitting, Meowtel should be made aware of the dispute so that the appropriate claim can be made to our insurance provider.
In order to minimize the prospect of damage, Sitters and Owners are encouraged to develop rules regarding the use of their respective property and to ask any and all questions regarding the hosting environment prior to Reservation. In the event that a host property, or an Owner property, are found to be unsuitable, dangerous, or otherwise problematic, please contact Meowtel immediately with concerns or questions.
DAMAGE TO PETS.
The Sitter is responsible for any acts of negligence that result in damage to an Owner’s cat. These acts include, but are not limited to, failure to feed or provide water to the cat, failure to provide medications, failure to maintain sanitary conditions, and allowing an indoor cat to escape from the premises.
Should any such negligent acts occur, the Owner must immediately contact the Meowtel Bellhop (1-844-MEOWTEL) and provide a report. We will then review the incident and take appropriate action including but not limited to the termination of the Sitter account. Meowtel should be made aware of the dispute so that the appropriate claim can be made to our insurance provider.
If a Sitter loses an Owner’s cat, the Sitter, not Meowtel, shall be liable for all damages arising from the loss. Meowtel should be made aware of the loss of the animal so that the appropriate claim can be made to our insurance provider.
In the event of a medical emergency, Sitters will make reasonable efforts to contact and obtain approval from the Owner before seeking veterinary care for the Owner’s cat(s). If the Owner cannot be reached, the Sitters should immediately contact Meowtel. Additionally, the Owner agrees to and hereby authorizes the Sitter or Meowtel to authorize veterinary care on the Owner’s behalf to the extent that it is necessary for proper treatment of the Owner’s cat. Absent circumstances requiring immediate action and decision, in which both the Owner and Meowtel could not be reached, Meowtel is responsible for making treatment and medical decisions for the animal. In such a situation, the Owner will be solely responsible for the costs of treatment, and shall authorize Meowtel to charge their payment account on file for those costs. Meowtel should be made aware of the emergency so that the appropriate claim can be made to our insurance provider.
A CONFIRMED RESERVATION IS LIMITED TO THE DURATION STIPULATED TO IN THE AGREEMENT MADE BETWEEN THE OWNER AND THE SITTER.
IF AN OWNER LEAVES THEIR CAT WITH A SITTER BEYOND THE AGREED-UPON CHECKOUT TIME (OR, IN THE CASE OF A SITTER, FAILS TO RETURN TO THE OWNER’S HOME BY THE AGREED-UPON CHECKOUT TIME), THE HOST IS ENTITLED TO CHARGE THE OWNER FOR EACH 24-HOUR PERIOD OR FRACTION THEREOF THAT THE CAT STAYS OVER THE AGREED PERIOD. SUCH A CHARGE MAY BE UP TO TWICE THE AVERAGE NIGHTLY BOARDING FEE ORIGINALLY PAID BY THE OWNER. OWNERS AGREE THAT WE OR STRIPE PAYMENTS MAY CHARGE THE OWNER VIA CREDIT CARD OR OTHER PAYMENT METHOD ON FILE TO COLLECT THESE CHARGES AND ANY ADDITIONAL FEES THAT WE INCUR IN COLLECTING THOSE CHARGES.
IF AN OWNER FAILS TO RETRIEVE THEIR CAT FROM A SITTER’S RESIDENCE (OR, IN THE CASE OF A SITTER, FAILS TO RETURN TO THE OWNER’S RESIDENCE) WITHIN SEVEN DAYS AFTER THE END OF THE BOARDING (OR SHORTER, IF APPLICABLE LAW REQUIRES), WE MAY PLACE THE CAT IN FOSTER CARE OR NOTIFY THE APPROPRIATE AUTHORITIES. THE OWNER WILL REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO TAKING SUCH ACTIONS, AND THE OWNER MAY BE LIABLE FOR THEIR FAILURE TO RETRIEVE THEIR CAT OR VIOLATION OF ANIMAL CRUELTY LAWS.
VIII. ACCOUNT TERMINATION.
We reserve the right to limit, suspend, or cancel your account at any time. Such actions are at our sole discretion, may be without cause, may be without notice or explanation, and are without liability to you.
We may take the following actions in limiting or terminating your account: (1) deactivating or suspending your account, disabling your password, and preventing you from accessing the Site, Services, your Account, your User Content, or our Customer Service; (2) terminating any pending or accepted future Reservations; (3) informing users involved in any of your potential or confirmed Reservations that those Reservations are cancelled or no longer available, and offering them potential alternate Sitters if available; (4) refunding such users in full for any and all confirmed Reservations, regardless of other cancellation terms; (5) denying you compensation for Reservations that were cancelled as a result of the limiting or termination of your account.
You reserve the right to terminate your account at any time by sending us an email or calling 1-844-MEOWTEL. If you terminate your account, we have no obligation to return any User Content that you have submitted to the Site and Services (including reviews and comments).
IX. INTELLECTUAL PROPERTY.
PROTECTION BY LAW.
The Site, Services, and Collective Content are protected by all applicable copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services, and Collective Content are the exclusive property of Meowtel and its licensors, as are any trademarks, trade names, or other intellectual property belonging to us contained therein. You acknowledge that parties who infringe or attempt to infringe on our intellectual property rights may be subjected to legal action.
LIMITED LICENSE FOR USE.
During your use of the Site and Services compliant with these Terms, Meowtel grants you a limited license to access and view any Meowtel content that is for personal, non-commercial purposes. We further grant you a limited license to access and view any User Content to which you are permitted access. These licenses are non-exclusive, non-transferable, and cannot be sublicensed.
You agree and acknowledge that you will not use, distribute, sell, offer to sell, or modify any element of the Site, Services, or Collective Content, except as permitted by these Terms or by law. Except for those licenses and rights expressly granted to you in these Terms or elsewhere, we reserve all licenses and rights in our intellectual property.
You are expected to respect the intellectual property rights of other users of our Site and Services. We reserve the right to terminate the accounts of those users who are or are believed to be using our Site or Services to infringe on the intellectual property rights of other persons.
Proper use of our Site and Services will sometimes require you to post, upload, or transmit certain User Content. Once you make such User Content available via our Site or Services, you agree to grant and do hereby grant us a non-exclusive, transferable license. This license is enforceable worldwide, is royalty-free, and includes the right to sublicense, use, distribute, copy, modify, access, and use that User Content for the purpose of promoting or marketing our Site and Services.
We do not claim ownership rights in your User Content. Nothing in these Terms should be construed to restrict any rights that you may have to use and exploit any such User Content.
Whenever you make User Content available via our Site or Services, you are representing that you have the rights, licenses, or consents necessary to grant us the above-mentioned license in such User Content. You further represent that neither the User Content, nor your use of it, nor our potential use of it will infringe on the intellectual property rights of any third party or violate any applicable laws. It is a violation of these Terms to create User Content intended to harass, defame, bully, or otherwise attack another individual User, and Meowtel reserves the right to remove any User Content which may be found to be in violation of these Terms.
X. THIRD-PARTY LINKS.
Certain parts of the Site and Services may contain hyperlinks to third-party resources. You acknowledge and agree that we are not liable or responsible for the accuracy, content, services, or products of such resources. Links to third-party resources do not constitute our endorsement of those resources. You assume all risk arising from your use of such resources.
XI. PRIVACY; COMPLIANCE WITH LAW ENFORCEMENT.
You agree that we may access and disclose any information if we are required to do so by law or if we reasonably foresee that it may be necessary to do so pursuant to, for example, a subpoena, a warrant, these Terms, or the protection of Users, Meowtel, or the public. You further agree that we have the right, but not the obligation, to monitor and review your access and use of our Site and Services in order to ensure compliance with these Terms, comply with law or court order, or address content that we find to be in violation of these Terms or otherwise objectionable. We reserve the right to remove any User Content that violates these Terms or that we deem harmful to our Site and Services.
XII. REPORTING USER MISCONDUCT.
We take reports of user misconduct seriously. Misconduct includes, but is not limited to, offensive behavior, violent behavior, sexually inappropriate behavior, theft, or any other disturbing acts or activities. If you believe that another user is or has acted inappropriately towards you or your cat, you should immediately report that user to the appropriate law enforcement authorities.
You should further contact us with the police station and police report number, as long as your providing of such information will not cause us to incur any liability to you or obligate us to take any action beyond that required by law.
XIII. USER COMMENTS AND FEEDBACK.
We welcome comments and suggestions for improvement of our Site and Services. You may submit such comments by emailing us or using the "Contact” section of the Site. Any comments you submit will become our sole and exclusive property, and upon submission of such comments you agree and hereby do assign to use all rights, title, and interests in those comments; this includes all worldwide copyright, trade secret, patent, or other moral or intellectual property rights therein. Should it be necessary for you to fill out certain documents or take certain acts in order for us to acquire such rights, we, at our own expense, may request that you assist us in doing so.