Terms of Use

1. This Agreement is a(n) (electronic) contract which contains all of the terms and conditions between ComeOverRover.Com, LLC ("the company") and you ("member") and governs the use of the service offered at the ComeOverRover.Com Website (the "Site"). Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a member of ComeOverRover.Com. By using this Site, all users do hereby agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the company’s Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by the company at any time, effective upon posting on the site. The member’s use of the Site or the Service after such posting will constitute acceptance by the member of such changes. By accessing the Site or becoming a Member, you consent to have this Agreement provided to you in electronic form.

2. The only function of the Site is as a vendor of information and a communications platform for enabling the connection between members seeking to exchange pet care services. The company does not take part in the interaction between members and is not a party to any agreement between members except to collect payments representing membership dues. Members agree that the company does not have any knowledge or control over and makes no representation regarding the quality, integrity, suitability, responsibility or any other aspect whatsoever of the members or their ability to deliver services. The company presents information provided by its members and does not assume any responsibility for the accuracy or reliability of any information contained in the site. The company does not assume and expressly disclaims any liability that may result from the use of information obtained from the site. Members do hereby represent, understand and agree to hold the company harmless for any misstatements and/or misrepresentations made by any users of this Site. The company is not responsible for the conduct of any member. All users of the site do hereby expressly agree not to hold the company, its officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, or employees, (hereinafter "Affiliates") liable for any claim, damage, suits, deaths, and/or controversies which resulted from use of the site. Any claims arising from services received by the members must be resolved directly by the members. You agree to take all necessary precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person.

3. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18). This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.

4. You agree to report any alleged improprieties of any users of the site immediately by notifying the company of the same via electronic correspondence.

5. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may not sell information obtained on the site

6. You are solely responsible for providing accurate, current and complete information on the site. This shall include: content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You may not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You understand and agree that the company may review and delete any Content, in each case in whole or in part, that in the sole judgment of the company violates this Agreement or which, in the opinion of the company, might be inappropriate for the Site.

By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to The company, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by The company will not infringe or violate the rights of others.

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by The company, are those of their respective authors. Such authors are solely responsible for such content. The company does not: adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will The company or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

7. The company will only use the information you provide on the Site in accordance with our Privacy Policy. The company may sell information you provide.

8. Links from the Site to external sites (including external sites that are framed by The company) or inclusion of advertisements do not constitute an endorsement by The company of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. The company does not control such sites, and is not responsible for their content. Just because The company has hyperlinks to such sites does not mean that The company endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by The company's Terms of Use and Privacy Policy. The company expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold The company harmless from any liability that may result from the use of links that may appear on the Site.

9. Members should monitor children's use of the Internet. The Site is intended for people 18 or over. The company will not knowingly collect any information from children under 18. The company does not assume any responsibility for any misrepresentations regarding the members’ age or parental consent when using this Site.

10. You may not use the site for any purpose other than to seek to exchange a pet service for your pet or a pet under your care.

You may not use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user. The company reserves the right to regulate all contact among members within the site and to block users from certain IP addresses from accessing the Site.

11. Members are obligated to pay for the service of the Site, unless specifically notified otherwise. Members that sign up agree to pay The company all charges at the prices then in effect for any use of the Site. In addition, Members authorize The company to charge their chosen payment provider for use of the Site. The company reserves the right to correct any errors

The subscriptions of Members will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, you must contact the company. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.

No refunds or credits will be provided for account cancellation requests received after the account has been billed. At The company's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by The company.

12. The company may, at its sole discretion opt to perform a background check. The company is not obligated to perform any checks.

13. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

14. The company may make a third-party verification service available to Members. Members may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that The company is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that The company may review the information provided by the third-party verification service and that The company retains the right to terminate your membership based on the information.

15. Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice The company, Inc. notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to indemnify and hold harmless The company from any loss, liability, damage, or costs that may result from your sharing this information regardless of the cause. The company does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.

16. The company may make an SMS text message alert service available to Members and/or Members. Members and/or Members who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give The company express permission to send SMS text messages your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that The company does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although, The company does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from The company.

17. GIFT MEMBERSHIPS. The company may provide Members and/or Members with the ability to purchase Gift Memberships in The company for other individuals. The party purchasing the Gift Membership will specify the name and email address of the Gift Membership recipient at the time of purchase. Upon the purchase of a Gift Membership, The company will transmit the Gift Membership to the specified recipient via email. Gift Memberships must be redeemed on the company Site using special links contained in the emails which The company sends to the Gift Membership recipients. All Gift Memberships and their use are subject to the company’s terms of use.

No refunds or credits will be provided for Gift Membership after they are purchased. The risk of loss for a Gift Membership passes to the purchaser upon The company's electronic transmission to the recipient. The company is not responsible for lost or stolen Gift Memberships. The company will have the right to close accounts and/or request alternative forms of payment if a fraudulently obtained Gift Membership is redeemed through the company Site. Gift Memberships cannot be resold, transferred for value, or redeemed for cash, except to the extent required by law. Unredeemed Gift Memberships will expire 2 years after purchase. Expiration dates do not apply in certain states solely to the extent as prohibited or limited by law. The company makes no warranties, express or implied, with respect to Gift Memberships, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Membership is non-redeemable, your sole remedy, and The company's sole liability, shall be the replacement of such Gift Membership.

18. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". THE COMPANY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

19. In no event will The company be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The company, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

The company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will The company or any of its Affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The company cannot guarantee and does not promise any specific results from use of the Site and/or the Service.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

20. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless The company and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred by The company and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. The company and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of The company. Users further agree to hold harmless The company and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.

21. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting The company and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, The company maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.

22. The service marks and trademarks ComeOverRover.Com and the company logo are service marks owned by The company. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of The company and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

23. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) 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 downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

24. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, Middlesex County, for the resolution of any such dispute.

25. If you have any questions or need further information as to the Site or Service provided by The company, or need to notify The company as to any matters relating to the Site or Service please contact The company at:

ComeOverRover.Com, LLC
2711 Centerville Road Suite 400
PMB #263
Delaware, MD 19808