Website/Company Terms of Use and Conditions

These Terms of Use and Conditions disclose the Terms of Use and Conditions of Stayin’ Home Pet Care applicable to this website and the services offered in connection herewith (the “Site”). We encourage you to read these Terms of Use and Conditions carefully. For purposes of these Terms of Use and Conditions, “Stayin’ Home Pet Care” means and includes Stayin’ Home Pet Care and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. By accessing, viewing, and/or using (each a, “use”) the Site, each user (individually, “User” and collectively, “Users”) understands and agrees to be bound by all Terms of Use and Conditions contained in these Terms of Use and Conditions. If you object to anything in these Terms of Use and Conditions or the Stayin’ Home Pet Care Privacy Policy, or otherwise do not understand or agree to be bound by these Terms of Use and Conditions and the Stayin’ Home Pet Care Privacy Policy, do not use the Site and exit immediately.

User may print a copy of these Terms of Use and Conditions by using the print feature in the browser. Stayin’ Home Pet Care suggests retaining a copy for future reference. User understands and agrees that Stayin’ Home Pet Care may revise these Terms of Use and Conditions at any time, effective upon posting on the Site, and by continuing to use the Site, User agrees to be bound by future revisions. It is User’s responsibility to periodically visit the “Terms of Use and Conditions” link at the bottom of the home page to review the most current version of these Terms of Use and Conditions.

1. Payment and Refund Policy
Payment in full is due before 48 hours of first date of block of service by check or credit card.

There are no refunds for payment made toward pet care visits. 100% of any payments made before cancellation will be applied to future pet care visits for the client. Any credit issued by Stayin’ Home Pet Care must be used by the client recipient within one year of issue.

2. Acceptance of Terms of Use and Conditions Agreement. These Terms of Use and Conditions set out the legally binding Terms of Use and Conditions applicable to the Site. These Terms of Use and Conditions include Stayin’ Home Pet Care’s Privacy Policy, which is incorporated herein by reference. In addition, by using the Site, User understands and agrees that these Terms of Use and Conditions were provided to User and that User had an opportunity to review and decline to accept these Terms of Use and Conditions.

3. Use of the Site. User agrees to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Stayin’ Home Pet Care, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Stayin’ Home Pet Care reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Site after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:

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    Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
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    Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
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    Use the Site for any purpose that is in violation of local, state, national, or international law;
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    Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
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    Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
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    Take any action that would undermine any aspect of the Site;
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    Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
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    Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
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    Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Site, except where sponsored or created by Stayin’ Home Pet Care;
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    Impersonate another person or allow any other person or entity to use your user name, password or membership;
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    Post the same content repeatedly or spam – spamming is strictly prohibited;
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    Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site;
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    Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
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    Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
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    Restrict or inhibit any other User from using and enjoying the Site.

Stayin’ Home Pet Care reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Stayin’ Home Pet Care in its sole discretion. User may report any alleged improprieties by any User to Stayin’ Home Pet Care by sending your comments via an email to info@stayinhomepetcare.com.

4. Account Security. User is responsible for maintaining the confidentiality of passwords and account information for the Site and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify Stayin’ Home Pet Care of any unauthorized use of accounts or any other breach of security.

5. Links to Third Party Websites. The Site may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that Stayin’ Home Pet Care does not control or endorse such third party websites, any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at their own risk, that such third party websites are governed by such third party’s Terms of Use and Conditions and privacy policies, and that Stayin’ Home Pet Care is not responsible for the privacy practices or other policies of such third party websites. Stayin’ Home Pet Care expressly disclaims, and each User expressly releases Stayin’ Home Pet Care from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.

6. User Information. “User Information” is defined as any information, content and/or materials User posts on the Site, submits to Stayin’ Home Pet Care and/or submits to any other User on or through the Site or by any other medium or method. Stayin’ Home Pet Care will use User Information in accordance with the Stayin’ Home Pet Care Privacy Policy.

7. Billing and Payment Policy. Stayin’ Home Pet Care reserves the right, at any time, to modify its fees and/or billing methods. User agrees to pay Stayin’ Home Pet Care at the prices then in effect, and User authorizes Stayin’ Home Pet Care to charge its chosen payment provider in connection therewith. Stayin’ Home Pet Care reserves the right to correct any payment errors even if it has already requested and/or received payment.

Stayin’ Home Pet Care may use third party payment processing services to process credit card information. While Stayin’ Home Pet Care will use commercially reasonable efforts to protect the privacy of all personal and financial information, Stayin’ Home Pet Care expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to Stayin’ Home Pet Care’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Stayin’ Home Pet Care’s use of payment processing services, please contact Stayin’ Home Pet Care by sending your comments via an email to: info@ stayinhomepetcare.com.

8. No Professional Advice; Information Only. Any information, materials, content and/or advice on the Site, including without limitation the blog located at http://www.stayinhomepetcare.com/blog/, as well as on the Facebook pages, including without limitation at https://www.facebook.com/pages/Stayin-Home-Pet-Care/106123866110774 and the Twitter pages, including without limitation at http://twitter.com/#!/karlacaddell are for informational purposes only.

If Users have specific concerns or a situation arises requiring professional advice, Users should consult with an appropriately-trained and qualified professional. Stayin’ Home Pet Care expressly disclaims, and each User expressly releases Stayin’ Home Pet Care from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to the information, materials and content on the Site, including without limitation on any blogs, Facebook page or Twitter.

9. Indemnification. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS STAYIN’ HOME PET CARE FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, INCURRED BY STAYIN’ HOME PET CARE IN ANY WAY RELATED TO USER’S: (A) ACTS AND/OR OMISSIONS ON OR OFF THE SITE; (B) BREACH OF THESE TERMS OF USE AND CONDITIONS; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES’ AVAILABILITY, TERMS OF USE AND CONDITIONS, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (J) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; AND/OR (K) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE. USER FURTHER AGREES THAT IT WILL COOPERATE AS REQUESTED BY STAYIN’ HOME PET CARE IN THE DEFENSE OF SUCH CLAIMS. STAYIN’ HOME PET CARE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF STAYIN’ HOME PET CARE.

10. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Site is owned by Stayin’ Home Pet Care or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Stayin’ Home Pet Care also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Stayin’ Home Pet Care’s prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject User to termination or suspension from the Site and/or civil and/or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Stayin’ Home Pet Care and/or the relevant right holder.

The service marks, trademarks, logos and trade names appearing on this Site are owned by Stayin’ Home Pet Care or are appearing on the Site with permission of the respective owners and User acknowledges the rights of Stayin’ Home Pet Care and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

11. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by Stayin’ Home Pet Care, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov in the whitepaper entitled Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.

12. Privacy Policy. Stayin’ Home Pet Care’s Privacy Policy located on the Site as modified by Stayin’ Home Pet Care from time to time is a part of these Terms of Use and Conditions and is incorporated herein by this reference. By using the Site, User understands and agrees that User has reviewed and agrees to the Privacy Policy.

13. U.S. Export Controls. The Site is subject to United States export controls. No part of the Site may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.

14. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use and Conditions, there shall be no third party beneficiaries to these Terms of Use and Conditions.

15. Limited License. Stayin’ Home Pet Care grants User a nonexclusive, revocable right to use the Site for the authorized purposes stated in these Terms of Use and Conditions provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Site in any manner or form; or (C) violate these Terms of Use and Conditions.

16. Modifications to the Site. Stayin’ Home Pet Care reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site and/or any information, materials or content on the Site with or without notice to Users. User agrees that Stayin’ Home Pet Care shall not be liable to User or any third party for any modification or discontinuance of the Site or any portion thereof.

17. Disclaimer of Warranties. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK. STAYIN’ HOME PET CARE DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; AND (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USERS. STAYIN’ HOME PET CARE DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. STAYIN’ HOME PET CARE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. STAYIN’ HOME PET CARE SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES STAYIN’ HOME PET CARE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE.

18. Assumption of Risk. User assumes all risks when using the Site, including without limitation all of the risks associated with any online or offline interactions with other Users.

19. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL STAYIN’ HOME PET CARE BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

20. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or via our website at: http://www.stayinhomepetcare.com/contact-us.

21. Arbitration. Any controversy, claim, suit, injury or damage arising from or in any way related to the Site or Terms of Use and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Stayin’ Home Pet Care. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Austin, Texas, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Stayin’ Home Pet Care may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas, necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

22. General Provisions. Failure by Stayin’ Home Pet Care to enforce any provision(s) of these Terms of Use and Conditions shall not be construed as a waiver of any provision or right. These Terms of Use and Conditions, and all other aspects or use of the Site, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. These Terms of Use and Conditions constitute the entire agreement between User and Stayin’ Home Pet Care with respect to the Site. If any provision of these Terms of Use and Conditions is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use and Conditions shall remain in full force and effect.

23. Contact. Stayin’ Home Pet Care may be contacted by U.S. postal service to 3904 Reynosa Dr. Austin, TX 78739 or by phone at 512.796.3245 or via email to info@stayinhomepetcare.com>.