Last updated: 3/4/2021
The Website utilizes software applications that facilitate the scheduling, management and performance of services for dog owners (collectively, the “Services”). By clicking the completing the registration process, browsing the Website and/or contracting for any of the Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them, If not, you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.
FIDUS reserves the right to terminate access to the Website for any reason, and to take any other actions that FIDUS, in its sole discretion, believes to be in the interest of FIDUS and some or all of its users and customers. FIDUS reserves the right to modify these Terms of Service, without advance notice.
These Terms of Service constitute a binding contract between FIDUS and you, which you accept by accessing the Website. As a material condition of your access to and use of the Website and any Service, you represent and warrant that (1) you are of legal age to enter into a binding legal contract with FIDUS, (2) you have the authority to enter into these Terms of Service personally or on behalf of the person or company you represent, and (3) you have provided accurate and complete information in your communication with FIDUS.
If you do not agree to the Terms of Service or cannot make the representations in (1), (2) or (3) above, then you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.
FIDUS reserves the right to limit the availability of the Website and/or the Services, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction FIDUS chooses, at any time and in its sole discretion.
DOG WALKING SERVICES
Eligibility – Dog walking and pet sitting services are available for residents that reside in locations partnered with FIDUS. All clients that are not residents of partnered communities are not obligated under the terms and conditions of the dog walking section of the terms and conditions.
Locations – We provide the Services only to pet owners residing within certain zip codes and in specific apartment buildings and complexes. Please contact us to determine if we provide Services to your address.
Scheduling – All of the Services that you intend to book can be booked through our Scheduling Software, by phone, or by texting us at (858) 925-6152. All information requested on the booking page and the Customer Registration Form must be filled out completely and accurately. FIDUS reserves the right to deny or terminate your access to the Website and/or the Services if it is determined that incomplete, incorrect, or fraudulent information was provided.
Service Hours – Services are available seven days a week from 7:00 AM to 9:00 PM Pacific Standard Time, weather permitting.
Meet and Greet – FIDUS requires a Phone and In-Person Meet and Greet when you first join our Website. Each meet and greet will be with one of the Pet Care Service Providers (“PCSP’s”) employed by FIDUS, so that you can communicate important details about your service requirements to FIDUS and your pet and the PCSP have a chance to meet and make sure they are comfortable with one another. Meet and Greets are complimentary, and generally last about twenty (20) minutes. FIDUS reserves the right to refuse and/or terminate any paid Services for any reason after the Phone or In Person Meet and Greet including, but not limited to, aggressive behavior exhibited during the Meet and Greet, and/or a history of aggressive behavior towards humans or other dogs.
Assignment of Pet Care Service Providers – FIDUS assigns PCSP’s that are specifically dedicated to caring for all pets in your apartment building/complex. Each apartment building/complex also has backup associates that are available to care for pets in the event that one of the primary PCSP’s are not available or there are too many services for one PCSP to complete on their own within the time restraints. If your services are scheduled for recurring days, FIDUS will do it’s best to ensure they be handled by the same PCSP.
Cancelling a Service – All cancellations must be communicated to us via the Scheduling Software, email, or text no later than 12 hours prior to your scheduled service window. For pet sitting and check-in services, all cancellations must be communicated to us via the Scheduling Software, email, or text at least 72 hours before the start time of your scheduled pet sitting or check in. Failure to provide notice as outlined in this paragraph will result in your Account (and credit card) being charged for the Service, as follows: appointments that are cancelled later than 12 hours prior to your scheduled service will be charged in full; and pet sitting appointments that are cancelled less than 48 hours before their scheduled start time will be charged a $20 fee. For Dog Walking Packages: appointments that are cancelled later than 12 hours prior to your scheduled service will be charged in full.
Holidays – On the holidays listed below, a $20 holiday fee will be applied on all in pet sitting services and a $10 holiday fee will be applied on all other services. Observed holidays include: Yom Kippur, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s Day.
Pick-Up, Drop-Off & Keys – Before scheduling your first service with FIDUS, you are required to provide us with access to your apartment. You may do this by providing a duplicate key that will be kept in a FIDUS secure lockbox on your door until you permanently cancel Services with FIDUS. If you would like to permanently cancel services with FIDUS, you must submit a formal request to remove the lockbox from your door via text or email. If the lockbox is removed and not returned to FIDUS upon cancelation a $50 fee will be charged to your card on file prior to the cancelation and removal of your account. In any event, you must make sure that our PCSP has access to you and/or your premises for pick-up and drop-off. FIDUS takes reasonable measures to protect the security of all keys provided by you to FIDUS. EXCEPT AS OTHERWISE STATED HEREIN, AND EXCEPT FOR CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, FIDUS HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES AND LIABILITIES ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF YOUR RESIDENCE.
Delays – If a PCSP is unable to begin a paid Service event due to his or her inability to access your dog, and this delay lasts more than ten (10) minutes, then the PCSP reserves the right to cancel the paid Service. In such an event, you still are responsible for payment of the full price for the scheduled Service and no refund will be provided.
Inclement Weather – FIDUS reserves the right to cancel or reduce the length of any Service due to inclement weather rendering the Service impractical or unsafe for your dog or our PCSP. No refunds will be issued under these circumstances.
Timing of Service Events – Scheduling of any of the Services is done by selecting a two (2) hour block of time in which you would like the Service to begin. All parties understand and specifically agree that FIDUS can provide the Service at any time within that two (2) hour window.
Vaccinations; Flea and Tick Protection – Prior to scheduling any of the Services, your dog is required to have been fully vaccinated (including distemper, parvo, rabies and bordetella) and, upon request, you will provide FIDUS with proof thereof from your veterinarian. Additionally, you acknowledge that it is your responsibility to assure that your dog continues to be fully vaccinated and that FIDUS reserves the right to refuse and/or discontinue any paid Service if it is determined that your dog is not fully vaccinated.
You understand that your dog must have flea protection in the form of a prescribed oral medication, injection, or topical liquid such as K9 Advantix, Advantage or Frontline, and that flea collars are not acceptable. Your dog will be inspected for fleas prior to a paid Service and may be refused the paid Service if fleas are found. Your further acknowledge that FIDUS is not responsible or liable if your dog contracts fleas during a paid Service.
Harness & Leash – FIDUS provides leashes and harnesses to be used at the time of service. In the event that you would like your dog to utilize your harness, FIDUS at its sole discretion will inspect the harness and determine its suitability for FIDUS services. FIDUS reserves the right to reject the use of your harness and use FIDUS provided harnesses in order to perform its services. If FIDUS arrives to provide the paid Service and your dog does not have the approved collar/harness available, you may be charged for that Service, even if the Service is not provided. Additionally, in the event that a Service includes leash-free activity (that has been disclosed to you as a part of the description of the Service), you understand that this will provide your dog the opportunity to play in close physical contact with other dogs, including with their teeth and paws, and you acknowledge that no amount of supervision or personalized care by FIDUS, its agents or employees or PCSPs, can prevent the possibility of your dog’s collar/harness becoming damaged or destroyed.
Feeding – Feeding of your dog is available at no additional fee, with the exception of group services (i.e. social walks and play dates). All feedings will be included in the time of the Service. If you request a feeding as a part of the paid Service, you specifically agree to the following:
i. You are required to provide all food at your own cost, and make the food easily available to the PCSP;
ii. You are solely responsible and liable for the choice of food, as well as the portion given to your dog. You are also responsible for providing the PCSP with instructions as to how and when feeding should take place as well as any other food-specific instructions or requirements; and
iii. Neither FIDUS nor the PCSP is in any way liable or responsible for any failure to feed your dog or any damage or harm that may be suffered if your dog is fed. You agree to hold FIDUS and the PCSP harmless, and expressly release FIDUS and the PCSP, from any and all liability arising from feeding, or not feeding, your dog.
Pictures, Video & Images – By contracting for any of the Services, you agree to allow FIDUS to take photos, videos and/or images of your dog. FIDUS owns all photos, videos and/or images taken by FIDUS and you expressly agree that FIDUS may use these photos, videos and/or images for any purpose whatsoever, including display and/or use on the Website and in other promotional materials, including, but not limited to, social media. FIDUS also reserves the right to share all such photos, videos and/or images with the apartment building/complex owner and management where the dog resides to be used on their Website and/or in other promotional materials, including, but not limited to, social media.
Pet Advice – FIDUS does not warrant any information or advice that may be provided by FIDUSor one of the PCSP’s with respect to your dog. Specific questions about medical conditions or care for your dog should be obtained by you from your veterinarian or other qualified pet-care professional.
Our PCSPs – Each of our PCSP’s undergoes a formal screening process, including a background check. In addition, all we maintain general liability and property damage insurance covering the activities of our PCSP’s. This coverage may not be extensive enough as to scope or amount to cover every loss you may suffer arising out of, in connection with or by reason of any paid Service or the actions or inactions of any PCSP.
PET GROOMING SERVICES
Safety and Handling – For the safety of your pets ALL Dogs must be on leash and ALL Cats must be in a carrier upon pickup or when they are dropped off at our FIDUS location. Please make sure your companion has a secure collar or harness with identification.
At FIDUS Pet Concierge, we want your pets grooming experience to be a stress-free and pleasant adventure. However, it is important to realize that all animals react differently to grooming. If your pet does not respond well there may be an extra handling fee added to your regular grooming charge.
Age & Neuter/Spay Policy – We accept all pets 8 weeks or older that have received their first stet of shots.
Intact pets are accepted. However, for the safety of all the other pets on the premises and sanitary requirements, females in heat may not accepted for grooming, unless prior approval is granted beforehand.
Matted Dog/Cat Policy – Pets that are not groomed every 4 to 6 weeks may become matted. Matting occurs from lack of grooming, coat overgrowth, not routinely being brushed or a coat not being combed through prior to getting wet. Additional fees apply for de-matting a pet. We will make every attempt to contact you in the event that we identify that your pet is severely matted. However, when matting is severe and/or close to the skin the only humane way to remove the mats is to clip the coat off to the skin line. In some cases where the matting is not severe and only covers a small area, we can remove them by splitting, thinning and then brushing them out. Matted coats are hard on our equipment and in most cases require two haircuts, the first to remove the matted coat prior to bathing and a second to even up the coat after bathing. We are not responsible for heath conditions that may be revealed by removing a matted coat such as sores, etc.
Be aware, shaving your pet to the skin line will expose your pet to the risk of sunburn. We encourage you to take every precaution to protect your pet utilizing sunscreen in order to lower any risk of over exposure to the sun.
There is a greater risk of nicking or scratching a matted dog/cat during the grooming process. In addition, the skin may appear red, itchy and irritated due to the lack of oxygen reaching in and under the mats. FIDUS Pet Concierge will not be held responsible for any injury sustained while grooming a matted dog/cat, including any after effects. This includes, but is not limited to swelling, redness, itchiness and self-inflicted abrasions due to external rubbing.
A $15 de-matting fee will be applied for every 15 minutes our groomer is actively de-matting your pet.
FIDUS will make every attempt to notify you of matting in advance. However, you understand and accept that matting may be found during the groom and must be removed to in order to prevent your pet from further matting, pain, or injury. In the event the matting is too severe FIDUS reserves the right to end the groom and recommend the removal of mats by a veterinary specialist.
Accidents – Every effort will be taken to make sure your pet gets groomed as safely and carefully as possible. But, unfortunately, accidents DO happen. Dog/cats are licking, scratching, jumping, and overall wiggly creatures. Whereas grooming tools, by necessity, are sharp instruments. If there is a severe mishap we will contact you immediately but will take the necessary measures to get your pet the medical attention he/she requires. FIDUS Pet Concierge will not be responsible for any costs related to this. In the event your pet incurs a severe injury we will make every attempt to contact you, however, we will not hesitate to get your pet any medical attention that we deem appropriate in order to keep them safe.
No-shows/Cancellations – Please give us at least a 24-hour notice if you cannot make it to your appointment. The first time you are a no call/no show we will provide a warning notice. After the second no call/no show we will require a deposit of $25 that will be put towards your next service and is non refundable.
Our Groomers use a gentle and loving approach in handling our clients. Therefore, our appointments are scheduled so that each four-legged client receives attentive care in a soothing and calm environment. Your pet’s spa appointment is a reservation for services and for the individualized attention we provide each pet.
Late Arrivals – We are only able to perform the grooming services for your pet in the time allotted for your scheduled appointment. If you arrive more than 10 minutes late to your scheduled appointment, we may not be able to perform your scheduled grooming services and you may need to reschedule your appointment so that we can stay on schedule with our other clients.
Late Pick-ups – At the time you drop off your pet, we will be able to give you an approximate time (average 30 minutes to 2 hours) for pick up. We will also notify you as soon as your pet is finished. Because we have limited space to keep your pet after their grooming services are completed, we ask that you pick up your pet within 15 minutes of the call. If you are late, an additional fee will be added to accommodate the time spent caring for and keeping your pet comfortable until you arrive. Late Pick-up Fees are as follows: $5 for each 10 minutes after a 15-minute grace period.
Post Grooming Care – In order to provide you with excellent customer service, please notify us of any preexisting general physical/ emotional conditions prior to your grooming appointment. We strive to make the experience a happy one for both you and your pet. Our furry companions are as unique as we are, their skin can react differently to grooming equipment (blades and/ or shears). For short styles and shave downs it is not uncommon for redness or itchiness to occur.
If you notice any problem with your pet’s style, we will make every effort to correct it if notified within (2) days of the original appointment. We will do what we can to remedy the situation. However, if it turns out that there was a miscommunication we will take note so that we can make you even happier next time! We perform a follow up call or text 2 days after grooming appointments, and offer complimentary touch ups for dogs within 7 days of the original groom and 3 days for cats.
Vaccinations – We require rabies vaccination for all pets being groomed at our spa. All vaccination records can be provided at the time of drop off or prior to your visit. We can retrieve your pet’s vaccination records from your veterinarian for you as well.
Fleas – Wherever there is animal life, it is likely there are fleas. Fleas and a flea termination plan are an essential part of pet ownership. They can get them by just walking out your front door.
When your pet arrives for their grooming appointment, it is difficult to tell if there are fleas present until they are wet. If we identify fleas on your pet, we will attempt to contact you immediately. We will recommend an oral flea treatment for your pet that will begin killing the fleas within 20 minutes to prevent our other grooming clients from getting fleas. We recommend the use the flea treatment along with a flea bath because fleas typically hide in the ears, nose and anus during the bathing process.
Dogs and Cats that come to FIDUS Pet Concierge for a grooming appointment with fleas are immediately given a flea bath at an additional fee of $12.00. The flea bath is mandatory to prevent a flea infestation in our spa. For severe flea infestations an additional safety & handling fee may apply. Or if we are unable to complete the groom due to the infestation, at which time we will notify you to immediately pick up your pet and seek veterinary care.
Do-It-Yourself (DIY) Spa Use – Our DIY Spa is intended to provide you with a comfortable, state of the art, upscale experience while bathing your pet. All DIY spa users are required to abide by the following rules:
- Follow the instructions outlined on signs posted in the spa area or any instructions provided by the staff in order to have a safe and pleasurable experience for both you and your pet.
- Leave all towels, tools, and tool baskets provided by FIDUS in the tub for a FIDUS staff member to pick up after your bath is complete.
- For your safety, the safety of your pets, and the safety of others, please ensure that your pet is on a leash or a lead at all times.
Pricing and Payment for Services
FIDUS offers a variety of services for your pet. All of the current Services and pricing are displayed on our Website and are subject to change without notice at any time.
A current credit card or bank account information must be entered into our Scheduling Software prior to your first service.
Payments for any of the Services must be made via the Scheduling Software. No other direct payments to PCSP’s or other agents of FIDUS will be accepted. While FIDUS may keep some of your personal account information, including names, email addresses, messages, images and other similar data on its servers, FIDUS does not keep your credit card or other financial information on its servers. All of your financial information is kept and managed by third party payment vendors used by the Scheduling Software. Accordingly, FIDUS will not be responsible or otherwise liable for the action or lack of action, or the privacy or other practices of such third party vendors.
Billing to your account will generally occur after the completion of each service. You agree to pay for all Services that you purchase through the Scheduling Software, and you agree that FIDUS may charge your selected payment method for any such payment(s).
FIDUS shall assure that any third party vendors handling credit card processing pursuant to these Terms of Service (e.g., Stripe) shall adhere to the Payment Card Industry Data Security Standards (“PCI Standards”). In connection therewith, FIDUS shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information (“User Credit Card Information”) (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.
You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent FIDUS is obligated to collect such taxes, the applicable tax will be added to your charges/payment.
FIDUS may choose to temporarily change the fees or offer introductory fees for the Services for promotional events or new services to some or all of its users, but shall not be required to make all such pricing available to all of its existing users.
If you want to change any of your billing information, including your credit card information, you may edit your information in the Scheduling Software. It is your responsibility to keep your contact information and payment information current and updated. FIDUS reserves the right to suspend or terminate your access to the Services and/or the Scheduling Software and Website without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to FIDUS when FIDUS believes you are liable for the charges.
Your account will continue in effect unless and until you cancel your account or FIDUS terminates it. You may cancel your account at any time, and cancellation will be effective immediately. If you wish to cancel your account, you may do by submitting a written request via, text, email, or the Scheduling Software.
FIDUS is committed to protecting the health and physical safety of your pet and other pets during the period while we are providing the paid Service(s). Accordingly, you warrant that, to your knowledge, your pet is free from contagious health conditions, is free of physical conditions that would present a risk to your pet or other pets during the period of the paid Service(s), and has not and does not exhibit any type of aggressive behavior that would present a risk to your dog or other dogs during the period of the paid Service(s).
Prior to participating in any group services each dog is required to have at least 3 one-on-one services so we may assess them, determine other dogs that are a good fit for them to be grouped with, and properly introduce them to other dogs they will be grouped with. Additionally, FIDUS requires all dogs over 6 months old to be spayed/neutered to participate in playdates and group walks, but FIDUS is happy to provide solo services to intact dogs.
FIDUS reserves the right to refuse admittance to any pet that displays signs of untreated or potentially contagious conditions, demonstrates aggressive behavior, or who fails FIDUS’s standard health and temperament policies.
FIDUS expressly reserves the right, in its sole discretion, and without liability to you to any right on your part to receive any refund of payment, to remove your dog from a paid Service should FIDUS deem it necessary for the safety of your pet, FIDUS’s employees, or other pets within the care of FIDUS. However, prior to removing your dog from a paid Service, FIDUS will use reasonable efforts to contact you using the emergency contact you provided. In such event, if FIDUS is not able to contact you or the emergency contact, FIDUS will use its reasonable judgment to determine whether to redeliver the pets to you, find alternative care (emergency, veterinary or otherwise) until you are able to retrieve your pet. You authorize your pet’s veterinarian(s) to release your pet’s veterinary records to FIDUS in connection with any emergency or other relocation of your pets.
Required Account information includes contact information where you or another contact can be reached in the event unplanned medical care for your dog becomes necessary. FIDUS agrees to contact you and/or your emergency contact reasonably promptly (under the circumstances) in the event such care becomes necessary.
You hereby authorize FIDUS and its employees to obtain and authorize the provision of veterinary care for your dog if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your dog’s veterinarian(s) to release your dog’s veterinary records to FIDUS. In the case of an emergency, you are solely responsible for the costs of any such medical treatment for your dog and you hereby authorize FIDUS to charge your Account (and credit card or other payment method) for such costs.
For further details regarding the Services, please refer to the FAQs page.
CONSENT AND RELEASE AND WAIVER OF LIABILITY
I hereby consent to my dog’s participation in all supervised activities related to the Service(s) to be provided for my dog, which may include grouped activities. I acknowledge and agree that FIDUS, LLC. (“FIDUS”) reserves the right to determine whether or not such grouped activities are appropriate for my dog and to exclude my dog from such grouped activities when FIDUS determines it is in the interest of FIDUS, my dog or other dogs to do so.
In the event of an emergency requiring medical treatment for my dog, determined in the reasonable judgment of FIDUS, I hereby authorize FIDUS and its employees, and drivers, hospitals, licensed veterinary medicine providers, and their agents and employees to have access to the information contained in this form and to provide all medical care, routine tests, treatment, and necessary transportation advisable for the health and safety of my dog. This authorization includes the authority to consent to any x-ray examinations, anesthetic, medical procedure or treatment, and hospital care under the supervision, and upon the advice of or to be rendered by, a licensed veterinarian. While FIDUS will endeavor to have emergency medical treatment provided by the dog’s veterinarian, it is understood and agreed that the emergency may require medical care from the most readily available veterinary facility and if, in the reasonable judgment of FIDUS, such medical care is to be so provided, I consent to the same.
Release and Waiver of Liability:
I understand that attendance by my dog(s) to FIDUS Services sometimes involves group play or walking with other dogs. Although FIDUS staff will closely supervise all participants, I accept that play behavior, unknown or undocumented aggression, or participation in routine daily activities can lead to altercations and injuries. I assume the risks of, and responsibility for, the costs to treat any injuries my dog(s) sustains while playing at this facility. I further understand and accept that the owners and staff will not be held liable for any injuries or deaths related to my dogs’ participation in FIDUS Services.
In the event my dog contracts a communicable disease during the time he/she participates in FIDUS Services, I accept responsibility for the costs of all treatments. I also agree to withhold my dog(s) from participating in FIDUS Services until he/she has been free of any signs of communicable disease for at least 14 days. Although the risk of acquiring communicable diseases is small, I accept the risk, and agree to hold FIDUS harmless from expenses incurred for treatment.
I fully understand, and will not hold FIDUS, any of its agents, assigns, employees, or volunteers liable for any accidents, injuries, or any other unforeseen harms incurred at any time while my dog is participating in activities related to the paid or free Services, except in the case of gross negligence.
I have read this consent and understand that some risk always exists when groups of dogs are allowed to intermingle. I have discussed my concerns about such risks with FIDUS and have had my questions answered to my satisfaction.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Website, and you agree not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to:
- harm or threaten to harm, bully, intimidate or harass users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
- post or transmit or process through the Website any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, violent, sexually suggestive, illegal, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- collect, use, process or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others or access the Website using any automated means without our prior permission;
- impersonate any person or entity (including the Website agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Website for such purpose;
- upload viruses or other malicious code to the Website;
- solicit login information or access an account belonging to someone else;
- disseminate, store, process or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- violate any law (whether local, state, national, or international), whether or not intentionally, or is misleading, malicious or discriminatory;
- forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Website, or servers or networks connected to the Website; or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- post any content related to partisan political campaigning or fundraising;
- express or imply that any statements you make are endorsed by us;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or determine any source code, algorithms, methods, or techniques of the Website or the Services;
- obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Website or the contents (except as expressly permitted by FIDUS);
- interfere with, damage, or disrupt the operation or any security-related features of the Website or its services, gain unauthorized access, or restrict or inhibit use by others;
- use any robot, spider, or other system, device or mechanism to access the Website or utilize the services, likely to disrupt or disable or destroy the Services or any content;
- remove any copyright, trademark, confidentiality notices, designations, marks or other proprietary rights notices appearing on the Website or content without the prior written consent from FIDUS;
- modify, translate, adapt, arrange, or create derivative works of the services, except as permitted in these Terms of Service;
- use domain names or web URLs in your username without prior written consent from FIDUS;
- share your password or let anyone else access your account, or do anything that may jeopardize the security of your account;
- “frame” or “mirror” any part of the Website; or
- engage in any other activity deemed by the FIDUS to be in conflict with the spirit or intent of these Terms of Service or that might violate the rights of others or give rise to liability, including any activity that facilitates or encourages any violations of these terms, conditions or policies.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FIDUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIDUS DOES NOT WARRANT THAT THE WEBSITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIDUS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING FIDUS’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIDUS HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF FIDUS AND ITS EMPLOYEES, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT FIDUS MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT FIDUS HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, FIDUS HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND THIRD PARTY SERVICES.
WHILE WE DO CONDUCT BACKGROUND CHECKS OF OUR EMPLOYEES, NOT ALL ARREST LOGS AND RECORDS, CONVICTION AND CORRECTION RECORDS, SEX OFFENDER REGISTRIES AND MOTOR VEHICLE RECORDS ARE AVAILABLE IN ALL JURISDICTIONS. IN MANY JURISDICTIONS THERE IS A DELAY BEFORE ARREST LOGS AND RECORDS, CONVICTION AND CORRECTION RECORDS, SEX OFFENDER REGISTRIES AND MOTOR VEHICLE RECORDS ARE INCLUDED IN BACKGROUND CHECKS. JUVENILE RECORDS AND OFFENSES FOR MINORS MAY NOT APPEAR IN THE PUBLIC RECORD AND ARE THEREFORE NOT INCLUDED IN THE RESULTS. DISMISSED CASES, ARRESTS NOT RESULTING IN CONVICTIONS, ARRESTS OR CONVICTIONS FROM FOREIGN COUNTRIES AND NOLLE PROS WILL NOT BE REPORTED. TRAFFIC VIOLATIONS ARE NOT INCLUDED UNLESS A JURISDICTION REPORTS THEM AS CRIMINAL OFFENSES. IN THE JURISDICTIONS WHERE TRAFFIC VIOLATIONS ARE REPORTED AS CRIMINAL OFFENSES, SUCH TRAFFIC VIOLATIONS MAY BE INCLUDED IN THE RESULTS AS MISDEMEANORS OR FELONIES.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FIDUS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH FIDUS OFFICERS OR EMPLOYEES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FIDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FIDUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO FIDUS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FIDUS makes every effort to assure that it accurately represents its information, and the Services. Statements made by FIDUS and/or its officers, directors, agents, representatives are examples and are not to be interpreted as any guarantee, promise, representation and/or assurance.
As with any service, especially those involving animals, results may vary, and will be based on your individual pet’s personality and physical condition, and your experience with similar services. There are no guarantees, promises, representations and/or assurances concerning the level of success or satisfaction you may experience.
The use of FIDUS’s information, and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that FIDUS, its directors, officers, employees, consultants, agents and other representatives are not liable for any success or failure and/or satisfaction that is directly or indirectly related to the use of FIDUS’s information and/or the Services.
Comment Areas on the Website are designed to permit you to share your ideas and opinions. Information on the Comment Areas is sometimes provided by FIDUS staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in Website Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. FIDUS neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of FIDUS. FIDUS is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will FIDUS or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Website or the Comment Areas.
FIDUS does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Website, except that (i) FIDUS may consolidate and edit for clarity any Content posted to comment areas, (ii) FIDUS may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) FIDUS reserves the right to monitor the Website and to remove any information that FIDUS, in its sole discretion, considers to be inappropriate or unlawful.
You acknowledge and agree that FIDUS has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect FIDUS, its visitors, and the public; and to comply with legal obligations or reasonable governmental requests.
You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.
FIDUS reserves the right to contact you from time to time, through email, phone, and text messages, or notices posted on the Website or in your Account, for feedback about the Services, and for service and support related issues.
If you provide FIDUS with any feedback or suggestions regarding the App, the Website or any of the Services (“Feedback”), you hereby assign to FIDUS all rights in the Feedback and agree that FIDUS shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. FIDUS will treat any Feedback you provide to FIDUS as non-confidential, non-proprietary information. You agree that you will not submit to FIDUS any information or ideas that you consider to be confidential or proprietary to you or any third party.
Arbitration; Applicable Law
PLEASE READ THIS ABITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH FIDUS AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Except for a claim by FIDUS against you, any and all disputes between you and FIDUS arising under or related in any way to these Terms of Service or your use of the Website or the Service must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly.
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 [email protected]fiduspet.com. If the issue is not resolved and results in arbitration, the following provisions shall apply:
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FIDUS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FIDUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- 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 Section. 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 Section, the terms of this arbitration Section will control unless the arbitrator determines that the application of the inconsistent Arbitration Section terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of theseTerms of Service as a court would, including without limitation, each provision that operate to limit the liability ofFIDUS and its employees. 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 these Terms of Service 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.
- Venue. 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 orFIDUSmay elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and FIDUS 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 FIDUS, unless the arbitrator requires otherwise.
- Applicable Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State ofCalifornia, including recognized principles of equity, but excluding its conflicts of laws rules that would result in the laws of a State other thanCalifornia, governing your use of the Website, the Services, and this Agreement with you, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different FIDUS users, but is bound by rulings in prior arbitrations involving the same FIDUS user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms of Service 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.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be shared equally by you andFIDUS, 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,FIDUS 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, FIDUS 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 FIDUS for all fees associated with the arbitration paid by FIDUS on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
- 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.
- Severability. If any term,clauseor provision of this Arbitration Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Section will remain valid and enforceable.
- Time Limit for Filing. Any arbitration under or pertaining to these Terms of Service must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within thattime period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortesttime period permitted by applicable law.
The laws of the State of California, excluding its conflicts of laws rules that would result in the laws of a State other than California, govern your use of the website and services provided by FIDUS.
Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FIDUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and FIDUS agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
You agree to indemnify, defend, release, and hold harmless FIDUS, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “FIDUS Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Website and/or the Services, (c) any breach of these Terms of Service, and/or (d) your violation of any law or of any rights of any third party.
FIDUS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FIDUS in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to the Website and/or the Services.
You hereby release FIDUS and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website and or the Services, including but not limited to, any interactions with or conduct of the PCSPs or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of the Website and/or the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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 any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms of Service will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
Change to these Terms
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY FIDUS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, FIDUS will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms of Service will be effective immediately for new users of the Website and/or the Services and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or thirty (30) days after dispatch of an e-mail notice of such changes to users who have registered for an Account. FIDUS may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and the Services; otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
If you violate these Terms of Service or otherwise create possible legal exposure for FIDUS, FIDUS can terminate your access to and/or use of all or part of the Website. FIDUS will notify you by email or the next time you attempt to access your Account. You may delete your account or disable your application any time.
FIDUS reserves the right to modify or terminate the Website or your access to and/or use of the Website for any reason, without notice, at any time, and without any liability to you. If FIDUS terminates your access to or use of the Website or you disable or delete your Account, your data will no longer be accessible through your Account.
FIDUS reserves the right to refuse access to and/or use of the Website to anyone for any reason at any time.
FIDUS’s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.
FIDUS Contact Information
If you have any questions or comments, complaints or claims regarding these Terms of Service, please contact FIDUS by e-mail at [email protected]