Terms and Conditions | That's So Fetch

Last Updated 3/17/2023

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF AND CONDITIONS, PLEASE DO NOT USE ANY OF THAT'S SO FETCH LLC SERVICES, WEBSITES, AND/OR PRODUCTS.

Any changes made will be effective immediately when we post the modified Terms and Conditions. Your continued access and use of That’s So Fetch! LLC services and website after we post the modified Terms will constitute your consent to be bound by the modified Terms.

Introduction: This agreement is entered into between That's So Fetch, hereafter referred to as 'we', 'us', 'TSF' or 'our', and the user, hereafter referred to as 'you', 'your', or 'user', for the use of our ecommerce website and social network, hereafter collectively referred to as 'the Site'. By using the Site, you agree to be bound by the terms and conditions outlined below.
User Conduct: You agree to use the Site in a lawful and responsible manner. You will not use the Site to violate any laws or infringe upon the rights of others. You will not post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically, or otherwise objectionable.
Account Registration: In order to access certain features of the Site, you may be required to create an account. You agree to provide accurate and complete information when registering for an account. You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account.

Ecommerce and Learning Management System: Our ecommerce services allow you to purchase products and services through the Site. In addition, our learning management system allows you to access educational content and resources. All purchases and access to the learning management system are subject to our Return Policy, Shipping Policy, and Refund Policy, which are incorporated by reference into these terms and conditions.
Social Network and Learning Management System: Our social network services allow you to connect with other users, post content, and engage in discussions. In addition, our learning management system may allow you to interact with instructors and other learners. You agree to abide by our Community Guidelines and Code of Conduct when using the social network and learning management system.
Public Directories: Our Site may include public directories that allow you to search for and view information about other users, such as their names, usernames, and profile information. You agree to use this information only for lawful purposes and in accordance with these terms and conditions.
Crowdfunding: Our Site may allow you to participate in crowdfunding campaigns to support the development of new products or services. By contributing to a crowdfunding campaign, you agree to the terms and conditions of the campaign, including the amount of your contribution, the rewards offered, and the estimated delivery date.
Intellectual Property: The Site and its content, including the educational content and resources provided through the learning management system, are protected by intellectual property laws, including copyright and trademark laws. You agree not to reproduce, modify, distribute, or display any content on the Site or through the learning management system without our prior written permission.
Disclaimer of Warranties: The Site and its educational content and resources provided through the learning management system are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Site or its content, including, but not limited to, the accuracy, completeness, reliability, or suitability for any particular purpose.
Limitation of Liability: We will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Site, its educational content and resources provided through the learning management system, public directories, crowdfunding campaigns, or its other content or services, even if we have been advised of the possibility of such damages.
Termination: We reserve the right to terminate or suspend your access to the Site, its educational content and resources provided through the learning management system, public directories, crowdfunding campaigns, or its other content or services at any time, with or without cause, and without prior notice.
Modifications: We reserve the right to modify these terms and conditions at any time, with or without notice to you. By continuing to use the Site, you agree to be bound by the updated terms and conditions.

We hope that these terms and conditions provide a clear and concise overview of our policies and procedures for the ecommerce, learning management system, public directory, and crowdfunding aspects of our Site. Please contact us if you have any questions or concerns.

You are strictly prohibited from unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website. When you use the TSF, you agree:

To use the TSF only in a lawful manner and only for its intended purposes.
To use the TSF only for your own purposes, and not to impersonate any other person.
Not to use the TSF to arrange for the care of exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock, or any animal with a history of attacks on pets or people.
Not to submit viruses or other malicious code to or through the TSF.
Not to use the TSF, or engage with other users of the TSF, for purposes that violate the law.
Not to use the TSF to arrange for the provision and purchase of services with another user, then complete transactions for those services offline.
Not to post reviews about TSF that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications.
Not to transfer or authorize the use of your account for the TSF by any other person.
Not to provide false information in your profile on, or registration for, the TSF.
Not to interfere with our provision of, or any other user’s use of, the TSF.
Not to solicit another user’s username and password for the TSF.

That’s So Fetch! LLC provides the following services:

Dog Walking:
Dog Daycare
Dog Boarding
Dog Bathing & Nail Trimming
In-Home Pet Care
Specialty Transportation for Pets

This agreement is entered into by the pet(s) owner(s) (hereinafter also referred to as “client” or "owner") immediately upon booking a service with That’s So Fetch! LLC (hereinafter referred to as “TSF” or "pet care service provider”). In booking any services with TSF or buying any products from TSF, the client acknowledges that they have read, understood and accept the following terms of service, and agree to be legally bound by its terms. By using TSF pet care services, you agree to the following terms and conditions:

Modifications: We reserve the right to modify these terms and conditions at any time, with or without notice to you. By continuing to use our services, you agree to be bound by the updated terms and conditions.
Owner represents that he or she is the owner of the pet(s) discussed, free and clear of any and all encumbrances.
Health and Safety: We require all pets to be in good health and free of communicable diseases, external parasites, and internal parasites. If your pet shows any signs of illness or parasites, we reserve the right to refuse service until the issue is resolved. We also reserve the right to require a veterinary examination and/or test for any pet showing signs of illness. Any veterinary costs incurred will be the responsibility of the pet owner. We will take all necessary precautions to ensure the safety and well-being of your pet(s) while in our care. However, we cannot be held responsible for any injury, loss or damage that may occur while your pet(s) are under our care.
Food and Medication: Owner agrees to provide TSF with a sufficient amount of pet food to feed the pet(s) according to his or her normal feeding schedule while in TSF care. If your pet requires a special diet, you must provide the food and instructions for its preparation. We will administer medication to your pet according to your instructions. Please provide clear instructions and ensure that all medications are labeled with your pet's name, dosage, and frequency. The pet owner hereby authorizes TSF to administer such medicine to the pet in accordance with such instructions.
Reservations: Bookings can be made via website, phone, or email. In booking any service with TSF the client is in agreement with the TSF “Terms and Conditions”. Before making a booking, the user agrees that they have read and meet all requirements listed on the Prerequisites page.
Payment: Payment is due at the time of service and can be made by cash, check, or online payment. We do accept credit/debit cards as well as payment via mobile apps (Venmo, Cashapp, Paypal, Zelle).
TSF provides services on holidays, but these services are offered with an additional charge. Pickups and drop-offs are not available on these days unless agreed upon prior to with TSF.
Refund or Cancellation Policy: We are very flexible; We understand that plans may change. If you need to cancel a scheduled per care service, please let us know as soon as possible. More information can be found here Refund, Returns, & Cancellation Policy.
Pet Temperament Policy: TSF is very willing to accommodate pets with behavioral concerns given notice, however, reserves the right to deny services if your pet is aggressive or uncontrollable. TSF reserves the option to utilize leashes and collars that will best ensure the safety of your pet, the caregiver, and other animals/people in the vicinity of your pet.
Required Vaccinations: For the safety of all pets in our care, we require that all pets be up-to-date on their vaccinations. Client agrees to provide TSF with proof of current vaccinations for all pets and that all pets will be kept up to date on all “required vaccinations” and preventions (rabies, bordatella, distemper, flea/tick prevention, and heartworm prevention). Should the pet care service provider(s) be bitten or otherwise exposed to any disease or ailment received from client animal(s) the client agrees to pay all costs and damages incurred. Owner represents that that the pet has not been exposed to rabies, distemper, kennel cough, or any other communicable disease within 20 days prior to service commencement. including rabies, distemper, and Bordetella (kennel cough).
Medical Emergencies: In the event of a medical emergency, we will make every effort to contact you or your designated emergency contact. If we are unable to reach you, we will seek licensed veterinary care for your pet(s) and any charges will be billed to the pet owner with the addition of a $25 transportation fee.
Weather Policy: In the event of inclement weather TSF is entrusted to use their best judgement in caring for your pet(s) and home. The client recognizes that services may be postponed or rescheduled and that our priority is the safety of your pets.
Liability: We are insured and bonded for your protection. However, we cannot be held responsible for any damage caused by your pet(s) while under our care when performing a pet care service.
The owner releases TSF from any damages caused to the owner’s home and/or belongings by their pet(s) during the provision of a TSF service.
Unless the owner has otherwise instructed That’s So Fetch! LLC to the contrary, the owner acknowledges and agrees that his or her pet may encounter and be allowed to interact and play with other pets and with people. The owner further acknowledges that animals are unpredictable and that there is a possibility of injury to the pet or another animal or person. Owner agrees to indemnify, hold harmless, and defend TSF and any TSF agent from and against all suits, claims, liabilities or expenses incurred (including but not limited to reasonable attorneys’ fees and legal costs), arising out of or caused by the owner’s pet(s) or the services provided, including injury to the owners or others.
Privacy: We respect your privacy and will not share your personal information with any third parties. For more information on this, please visit our Privacy Policy.
Photo/Video Policy: TSF, its representatives and employees may take photos and/or videos of your pet(s) during any of the listed services. Unless otherwise requested by the owner these photos/videos may be used for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising, and Web content.
Shared Assignment Policy: If circumstances arise necessitating additional individuals' presence in your home during a pet care service, we require advance notice in order to determine a mutually agreeable course of action to determine TSF's exposure to liability for actions taken by other visitors to your home (i.e. unlocked doors, over feeding, missed feedings or medications, lost keys, incorrectly set alarms, etc).
If your pet care provider is ill or has a personal emergency, the client authorizes TSF to arrange for another qualified person to fulfill agreed upon responsibilities as set forth on this agreement or to reschedule services. Client will be notified in such case.
Key Policy: TSF requires clients to provide a key during the initial meet and greet or if preferred by the client in a lockbox at their home. All keys are labeled and securely maintained. If the client prefers to have the key returned for future visits, the client agrees to pay a $10 pickup fee.
Code of Conduct: We expect all pet owners to act responsibly and respectfully towards our staff, other pet owners and pets in our facility. Any aggressive or inappropriate behavior by pets or pet owners will not be tolerated.
Suspension or Termination of Services: We reserve the right to terminate services to any pet that poses a risk to our staff, other pets, or the facility. If we determine that your pet(s) are not suitable for our facility, we will inform you immediately and make arrangements for their safe and prompt return. You understand and agree that we have no obligation to provide TSF services to you, nor any obligation to continue providing it once we have begun. If we believe your conduct with TSF is inappropriate, unsafe or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the TSF in our sole discretion.
To the maximum extent permitted by law, the pet owner (a) hereby releases That’s So Fetch! LLC, its owners and agents, including each pet care provider, from any and all liability for any injury or illness suffered by his or her pet while in the pet care provider’s care, and (b) agrees not to initiate any legal proceedings against That’s So Fetch! LLC or the pet care provider with respect to such released claims.
Indemnification: You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of or in connection with your pet's participation in our programs or use of our services.
Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of the state/province/country where our facility is located. Any disputes arising out of or in connection with these terms and conditions shall be resolved in the courts of that jurisdiction.
Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TSF AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
26.1 Arbitration Agreement; Claims. This Section 24 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 24.9 below, you and TSF (together, the “Parties”) agree that any and all disputes or claims that arise between you and TSF relating to the TSF, interactions with others on the TSF, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.

26.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 24.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.

26.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TSF AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 24.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TSF.CO AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TSF.CO USERS.

26.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at contact@ThatsSoFetch.co or by mail. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.

26.5 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 25. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or TSF may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and TSF subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or TSF, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different TSF.co users, but is bound by rulings in prior arbitrations involving the same TSF.co user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

26.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and TSF, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, TSF will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, TSF will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse TSF for all fees associated with the arbitration paid by TSF on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
26.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

26.8 Severability. If any term, clause or provision of this Section 24 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 24 will remain valid and enforceable.

26.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 24.9. For new TSF users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for TSF to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 26.

26.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against TSF prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against TSF prior to the effective date of removal.
Limitation of Liability: You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OUR SRVICES OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Copyright notice: The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by That's So Fetch! LLC.

We appreciate your trust in our pet care service provider business and look forward to providing the best possible care for your beloved pet(s).