Definitions

• Pet Owner: A person who searches for, contacts, and books Pet Care Services.
• Service Provider or pet caregivers: A person or entity that creates a Pet Care Service. They can be either Individual Service Providers or Business Service Providers.
• Individual Service Provider: A person who creates a Pet Care Service but is not operating as a registered business.
• Business Service Provider: A person or entity that creates a Pet Care Service and operates as a registered business.
• Guest Pet: A household pet or other pet for which a Pet Owner seeks or books Pet Care Services.
• Services Profile: The public webpage where Service Providers list their prices and information about the services they offer.
• Pet Care Service: Pet-related services provided by Service Providers, including home pet boarding, sitting, walking, training and/or daycare.
• Booking: An agreed transaction between Pet Owners and Service Providers for Pet Care Services. It includes the type of service, time period, fees, cancellation policy, and other provisions booked through the WinniePaws Service.
• Content: Text, graphics, images, music, software, audio, video, information, documents, compilations, data and/or other materials.

What this covers:

• The WinniePaws Service: Our services help pet owners and pet caregivers find each other, connect, and arrange pet care. This includes our software applications, website (winniepaws.com and any of its subdomains), mobile apps, Facebook app, and support options.
• Other policies: Our WinniePaws Guarantee Terms, Store Terms and Conditions, Reservation Protection Policy, and other relevant policies are included in these Terms.

By using WinniePaws:

• You agree to these Terms.
• If you do not agree to these Terms, do not continue to use WinniePaws.

Changes to these Terms:

• We may update these Terms occasionally.
• Changes take effect when we post them on to the WinniePaws Service Page (unless otherwise noted).
• Continued use after changes means you agree to them.

Key sections to consider:

• Section 17 includes a binding arbitration clause and class action waiver.
• Section 19 includes a class action waiver. These sections impact how disputes are resolved.
• We recommend reviewing the entire Terms of Service for a complete understanding.

2. WinniePaws Service

2.1 Nature of the WinniePaws Service.

• What it is: WinniePaws is a platform connecting pet owners and pet caregivers. It includes a website, mobile apps, and tools for finding, communicating, and arranging pet care services.
• Our services: We offer emergency support, educational resources for caregivers, and other services.
• Fees: Some features of WinniePaws may have associated fees (see Section 9).

2.2 WinniePaws is not a pet care provider.

• Our role: We are a neutral platform, not a pet care provider. Winnie Paws provides the Platform on which Service Providers can promote and sell their Pet Care Services – and Pet Owners can search for, compare and book them.
• No pet care services: We do not provide pet care services, except for emergency phone support and specific resources mentioned in the WinniePaws Service.
• No guarantees: We do not guarantee the quality of pet care services provided by caregivers listed on WinniePaws.
• Caregiver responsibility: Caregivers are independent contractors and decide how to provide pet care services.
• Our role: We provide general safety and pet care guidance to both pet owners and caregivers, but we don't employ, recommend, or endorse specific caregivers or pet owners.
• No liability: We are not responsible for the actions or conduct of caregivers or pet owners, whether online or offline.
• Screening: We review caregiver profiles and facilitate background checks, but we do not perform extensive screening.
• Your responsibility: Use caution and good judgment when interacting with caregivers on WinniePaws.

2.3 Release.

• No liability: WinniePaws is not responsible for any claims, injuries, or losses arising from your interactions with other users or the actions of caregivers and pet owners.
• Your risk: Your use of these pet care services being offered is at your own risk.
• Financial obligations: Any financial obligations we may have to users are limited to the reimbursement obligations outlined in the WinniePaws Guarantee.

2.4 Transactions Between Pet Owners and Caregivers.

• Platform role: WinniePaws is a platform for finding and offering pet care services and facilitating payments for these services.
• Direct transactions: All transactions are between pet owners and caregivers.
• No liability: We're not liable for damages associated with pet care services or other transactions, except for limited refunds and the WinniePaws Guarantee.

2.5 Bookings.

• Bookings: Bookings are agreements between pet owners and caregivers that specify fees, time, cancellation policies, and other terms for pet care services.
• Initiating bookings: Either a caregiver or a pet owner can initiate a booking by selecting the desired services and following the on-screen prompts.
• Payment: If you're a pet owner initiating a booking, you agree to pay when you click “Confirm Booking” If a caregiver initiates, you agree to pay when you click “Confirm Payment”.
• Acceptance: Bookings are subject to acceptance by the receiving party. They may decline for any reason.
• Agreement: Once you complete a booking, you agree to the terms and price.

2.6 Pet Owners' Responsibility for Evaluating Caregivers.

• Your responsibility: You're solely responsible for evaluating caregivers' suitability for providing pet care services.
• Our resources: Visit the Help Center for guidance on making informed decisions.
• Limited screening: Our caregiver screening is limited and does not guarantee accuracy, completeness, or up-to-date information.
• Review limitations: We do not endorse reviews by other pet owners, and we do not guarantee their accuracy or legitimacy.

2.7 Abandoned Pets and Rehoming.

• Abandoned pets: If you fail to retrieve your pet after a booking, we may place it in foster care, transfer it to animal control, or find other care.
• Costs: You agree to reimburse us and/or the caregiver for any associated costs.
• Pet removal: We reserve the right to remove (or have removed) your pet from a caregiver's care if we believe it's necessary for safety.
• Contact attempts: We will try to contact you or your emergency contact before removal.
• Veterinary records: You authorize your pet's veterinarian to release their records to us for relocation or rehoming.
• Costs: You are responsible for all costs associated with transfer.

2.8 Emergencies.

• Emergency contact: Provide your caregiver with your emergency contact information.
• Emergency care: Caregivers agree to contact you immediately if emergency care is needed. If you are unavailable, they will contact WinniePaws.
• Authorization: You authorize your caregiver and WinniePaws to obtain and authorize veterinary care for your pet in emergencies.
• Veterinary records: You authorize your pet's veterinarian to release their records to WinniePaws.
• Refusal of care: If you refuse to authorize care, you release WinniePaws and the caregiver from liability.
• Costs: You're responsible for the costs of emergency medical treatment.
• Reimbursement: In certain cases, you may be eligible for reimbursement under the WinniePaws Guarantee.
• Pet insurance: We recommend having your own separate pet insurance to cover veterinary care costs.

2.9 Consultation Services.

• Third-party consultations: We may offer optional phone, chat, or email consultations with veterinarians.
• Educational resources: These consultations are for educational purposes only.
• Not a substitute: Veterinary consultations don't replace professional veterinary care.
• Third-party responsibility: You agree to hold the consultation service provider solely responsible for any claims arising from their service.

2.10 Google Maps.

• Using Google Maps: The WinniePaws Service uses features and content from Google Maps.
• Google Terms: Your use of WinniePaws is subject to Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy (collectively "Google Terms").
• Suspension/Termination: Unauthorized use of Google Maps features may result in your suspension or termination from WinniePaws.

3. Certification of Compliance with Applicable Law

By using WinniePaws, you certify that:

• Age: You are at least 18 or the age of majority in your jurisdiction.
• Lawful Activity: You will comply with all laws and regulations related to your use of WinniePaws.

For Pet Owners:

• Pet Care: You ensure your pets meet local vaccination, licensing, identification, and microchipping requirements.
• Insurance: If required, you have and will maintain necessary pet insurance that benefits service providers.

For Caregivers:

• Legality: You are legally permitted to provide pet care services in your jurisdiction.
• Compliance: You comply with all applicable laws and regulations.
• Licenses and Permits: You have obtained necessary business licenses, tax registrations, and permits.
• Regulations: You will comply with leash laws, pet waste disposal, and similar regulations while providing services.

WinniePaws Service (Continued)

4.1 Your Conduct on WinniePaws.

When using WinniePaws, you agree to:

• Lawful and intended use: Use WinniePaws lawfully and for its intended purposes.
• Prohibited pets: Winnie Paws does not arrange care for exotic or dangerous pets, animals whose ownership or care is prohibited by law, or animals with any history of attacks.
• No malicious code: Avoid submitting viruses, malicious or other harmful computer code.
• Lawful use: Not to use WinniePaws for illegal purposes or to engage in illegal activities with other users.
• No external transactions: Not arrange services and then complete transactions outside of WinniePaws.
• No competition: Not to compete against WinniePaws or promote other products or services.
• Honest reviews: Post reviews based on personal experience and avoid inaccurate, misleading, or harmful content.
• Prohibited content: Avoid posting pornographic, threatening, harassing, abusive, defamatory, or violent content, or content that violates intellectual property or legal rights.
• No spam: Refrain from posting spam or unauthorized commercial communications.
• Personal use: Use WinniePaws for your own purposes and avoid impersonating others.
• Account security: Not transfer or authorize others to use your account or engage in fraudulent transactions.
• Promotional credit misuse: Not use promotional credits or rewards inappropriately, such as creating bookings within the same household or with someone you share a pet with.
• Accurate information: Provide accurate information in your profile and avoid creating multiple or duplicate accounts.
• No interference: Not to interfere with WinniePaws processes and systems or other users' use of WinniePaws.
• No solicitation: Not to solicit usernames, passwords, or other sensitive information from other users.

4.2 Suspension and Termination.

• No obligation to provide service: Winnie Paws is not obligated to provide WinniePaws services in any specific location or to continue providing any services indefinitely.
• Suspension or termination: We may suspend or terminate your access if your conduct is inappropriate, unsafe, dishonest, or violates these terms, or if necessary to protect WinniePaws, its users, pets, or the public.
• Your right to terminate: You can suspend or terminate your use of WinniePaws at any time.
• Deactivation: To deactivate your account, contact WinniePaws.
• Outstanding payments: Any outstanding payments will survive suspension or termination.

5. Registration; Account Security.

• Account creation: To use certain features of WinniePaws, you'll need to create a username, password, and user profile.
• Accurate information: Provide accurate information and keep it updated.
• One account: Avoid impersonating others and having multiple accounts.
• Account security: Protect the confidentiality of your username and password.
• Unauthorized use: Report any unauthorized use of your account promptly.

6. Privacy.

• Privacy Statement: Our collection and use of your personal information are outlined in our Privacy Statement.
• Acknowledgement: By using WinniePaws, you acknowledge that you've read and understand the Privacy Statement.

7. Your Content.

7.1 Your Content.

• Content submission: We may require or allow you to submit text, photos, videos, reviews, or other materials to your profile or in connection with WinniePaws or promotional campaigns.
• Examples: Caregivers may create profile pages with photos and information, and pet owners may submit reviews.

7.2 License.

• License grant: You grant WinniePaws a worldwide, non-exclusive, perpetual, irrevocable, fully paid license to use, copy, perform, display, reproduce, adapt, modify, transmit, broadcast, create derivative works of, distribute, and sublicense your content in connection with WinniePaws.

7.3 Release.

• Waiver: If your name, voice, image, or likeness is included in your content, you waive and release WinniePaws and its users from any claims related to defamation, copyright infringement, privacy, publicity, or personality rights arising from the use of your content.

7.4 Representations and Warranties.

• Ownership and rights: You represent that you own or have the necessary licenses to grant the license in Section 7.2 and make the release in Section 7.3.
• Consents and releases: You have necessary consents and releases from individuals appearing in your content.
• Lawful content: Your content doesn't violate the law or these Terms.

7.5 Right to Remove or Screen Your Content.

• Monitoring and removal: We reserve the right to monitor, screen, edit, or remove your content on WinniePaws.
• No obligation to retain: We are not obligated to retain or provide copies of your content.
• No liability: We are not liable for any deletion, disclosure, loss, or modification of your content.
• Backup responsibility: It is your responsibility to maintain backup copies of your content.
• Digital Services Act: For EU residents, information about the Digital Services Act is available here.

7.6 Reviews.

• Review feature: WinniePaws may allow you to leave public or private reviews of users or their pets.
• Third-party sharing: Private reviews may be shared with third parties as required by law or our Privacy Statement.
• No obligation to store: We're not obligated to preserve or indefinitely store reviews.
• No access to reviews: We're not obligated to provide you with reviews submitted about you by other users.
• No liability: We're not liable for deletion, disclosure, loss, or modification of reviews.
• Review removal: We reserve the right to screen, edit, or remove reviews.

8. Phone, Text, and Mobile Communications.

8.1 Consent to Text Messages and Other Communications.

• Applicable to US users: This section applies only to users in the United States.
• Consent to communications: Any phone number or email address you provide in association with your account may be collected and stored, even if your phone number is listed on a national or state do-not-call registry. This information is used for account-related communications and other service-related purposes. You consent to receive service-related information (technical notices, updates, alerts, messages) and marketing or advertising messages from WinniePaws via autodialed calls, text messages, email, messaging platforms, or other electronic means.
• Carrier fees: Your carrier's rates and fees may apply to these communications.
• Opt-out: You are not required to consent to marketing or advertising messages and can opt out as described in our Privacy Statement.

8.2 Phone Number Changes.

• Update information: If you deactivate your mobile phone number, update your WinniePaws account information to avoid messages being sent to the new owner.

9. Fees & Payment.

9.1 Currency.

• Local currency: All fees and payments are normally listed and payable in your local currency.

9.2 Fees for Pet Owners.

• Booking and payment: Pet owners purchase services by completing a booking. When accepting a booking, you agree to pay the total amount indicated, which includes service fees for WinniePaws.
• Service provider responsibility: The caregiver, not WinniePaws, is responsible for providing the services.
• Fee details: See [link to fee details for pet owners] for more information.
• Taxes: Taxes may be included in the amount charged.

9.3 Fees for Caregivers.

• Booking agreement: Caregivers agree to provide services by agreeing to a booking.
• Booking confirmation: Caregivers must confirm the booking before it expires.
• Price agreement: Once confirmed, caregivers agree to the price set in the booking.
• Transaction: The purchase is between the pet owner and caregiver. WinniePaws facilitates the transaction.
• Payment collection: WinniePaws collects payment from the pet owner at the time of booking and initiates payment to the caregiver's account 48 hours after the service period.
• Fee details: See [link to fee details for caregivers] for more information.
• Service fees: Fees are calculated as a percentage of the fees a pet owner pays and are collected from each booking.
• Profile review fee: You may be charged a non-refundable profile review fee when signing up as a caregiver.
• Taxes: For caregivers outside the US with a valid tax identification number, amounts charged may exclude indirect taxes. Otherwise, amounts charged will include indirect taxes.

9.4 Service Fees.

• Service fees: We charge service fees for certain aspects of WinniePaws.
• Calculation: For caregivers, our service fee is a percentage of the fees a pet owner pays and is collected from each booking.
• Fee details: See [link to service fee details] for more information.

9.5 Late Fees and Additional Charges.

• Late fees: If you're a pet owner and fail to retrieve your pet on time, you'll be charged for additional service time at the daily rate in the booking.
• Indemnification: You agree to indemnify WinniePaws for any additional costs incurred due to your failure to retrieve your pet on time.
• Payment: We may charge your credit card or other payment method for these additional costs.

9.6 Cancellations & Refunds.

Reservation Protection.

• Replacement caregivers: WinniePaws can help you find replacement caregivers when caregivers cancel bookings near the start date.
• Availability: Reservation Protection availability depends on the timing of the cancellation and the type of pet care services.
• Details: See the Reservation Protection page for more information.

Cancellations by Caregiver.

• Refunds: If a caregiver cancels a booking before or during the service period, we will refund the pet owner for services not provided and any service charges paid to WinniePaws.
• Substitute caregiver: Caregivers can appoint a substitute caregiver (with the pet owner's agreement) by contacting WinniePaws to modify the booking.
• Account deactivation: Repeated unjustified cancellations may lead to account deactivation.

Cancellations by Pet Owner.

• Refunds: If a pet owner cancels a booking before or during the service period, we will refund fees according to the cancellation policy selected by the caregiver.
• Cancellation policy: Caregivers must select a cancellation policy before offering a service, pet owners should be aware of the policy before booking.
• Help Center: Visit the Help Center for more information on cancellation policies.

General Terms for Cancellations.

• Cancellation through WinniePaws: To cancel a booking, use the mechanisms provided on WinniePaws.
• Cancellation date: The cancellation date is the date you cancel a booking through WinniePaws, regardless of any separate communications.

Payment Disputes; Payment Outside of WinniePaws.

• Payment initiation: WinniePaws initiates payments to caregivers 48 hours after a booking is completed.
• Payment disputes: After funds are disbursed, payment disputes are between the pet owner and caregiver. WinniePaws has no obligation to mediate or facilitate resolution.
• Tips and bonuses: WinniePaws has no responsibility or liability for tips, bonuses, or any other payments made outside of WinniePaws.

Discretionary Refunds for Failure to Perform.

• Refunds: If we determine a caregiver failed to provide services as agreed or breached these Terms, we may cancel a booking and issue a full or partial refund to the pet owner.

9.7 Payment Holds.

• Payment holds: WinniePaws may hold payments to caregivers if there's a suspicion of fraudulent activity or other compelling reasons to protect WinniePaws, the community, or third-party rights.
• Third-party payment restrictions: We may recommend that third-party payment service providers restrict your access to funds.

9.8 Authorization to Charge.

• Payment information: You must provide valid, up-to-date credit card or other payment information.
• Payment authorization: You authorize WinniePaws to charge your card for fees incurred on WinniePaws as they become due.
• Alternative payment methods: WinniePaws may charge an alternative payment method on file if your primary method becomes invalid.
• Payment responsibility: You are responsible for maintaining up-to-date payment information.
• Non-refundable fees: Fees paid through WinniePaws are generally non-refundable once paid.

9.9 Taxes.

• Tax responsibility: You are responsible for paying any applicable taxes arising from your purchase, provision, or use of pet care services through WinniePaws.
• Tax collection: In certain jurisdictions, WinniePaws may be required to collect and report tax information.
• Documentation: You agree to provide necessary documentation for tax purposes. Failure to do so may result in suspension or deactivation of your account.

9.10 Payment Processing

• Third-party processors: WinniePaws may use third-party payment processors for transactions.
• Payment processor changes: WinniePaws reserves the right to change payment processors.
• Stripe: If you receive payments through WinniePaws, it may be processed by Stripe. You'll need to comply with Stripe's terms available at https://stripe.com/legal/ssa and https://stripe.com/legal/connect-account.
• Setting up a Stripe account: You may need to set up a Stripe account to receive payments.
• Authorization for access: You authorize WinniePaws to access and perform activities on your Stripe account to facilitate payments.
• Information sharing: You agree to provide accurate information and authorize WinniePaws to share it with Stripe for payment processing.
• Payment agent role: WinniePaws acts as your agent to accept payments from pet owners on your behalf.
• Payment received: Any payment received via WinniePaws is considered payment to you.
• Non-delivery recourse: In case of non-delivery of payment, your only recourse is against WinniePaws, not pet owners.

10. Background Checks and Identity Verifications

• Third-party services: WinniePaws may provide access to third-party services for identity verification and background checks (criminal records, sex offender registry, motor vehicle records).
• Limited services outside US/Canada: Outside the US and Canada, these services are limited to identity verification.
• Disclaimer: WinniePaws is not responsible for the accuracy, timeliness, or completeness of the information in these checks. We do not independently verify the information.
• Authorization for checks: By undergoing a background check or identity verification, you authorize the collection by us and disclosure to third party services of your information.
• Consumer reports: You authorize WinniePaws to obtain consumer reports throughout your engagement with them.
• Decisions based on checks: WinniePaws may use the information in these checks to decide on suspending, terminating, or investigating complaints, but they are not obligated to do so.
• Disputing checks: You can contact the consumer reporting agency or WinniePaws to dispute the check results or a decision based on them.
• Benefits for consumer reporting agency: The arbitration agreement (Section 17) applies to claims against the consumer reporting agency used for background checks.
• Account suspension: WinniePaws may suspend your access based on the check results or other terms violations.

Limitations of Background Checks:

• Re-runs not guaranteed: WinniePaws may not always re-run background checks.
• Variations in checks: These checks may vary in type, breadth, and depth.
• Missing information: The results may exclude information from certain counties, jurisdictions, or public records.
• Undisclosed information: They may not include juvenile records, expunged convictions, or foreign arrests/convictions.
• User responsibility: Background checks are not a substitute for conducting interviews and independently evaluating users you interact with.

11. Copyright Infringement

• DMCA procedures: WinniePaws follows procedures of the Digital Millennium Copyright Act.
• Repeat infringement: They may deactivate or terminate accounts of users who repeatedly infringe copyrights.
• Filing a copyright infringement notice: If you believe your copyrighted work is infringed, provide a written notice to their copyright agent with the required information (listed in the section).

12. Third-Party Services, Links.

• No responsibility for third-party links: WinniePaws is not responsible for the availability, accuracy, content, products, or services of third-party websites or resources linked on WinniePaws.
• No endorsement: Links do not imply endorsement.
• User responsibility: You assume sole responsibility for using third-party websites or resources.

13. Indemnity.

• Indemnification: You agree to defend, indemnify, and hold WinniePaws harmless from any claims, demands, causes of action, losses, expenses, damages, or liabilities related to your:
• Transactions and interactions with other users
• Breach of these Terms
• Disputes with other users
• Misstatements, misrepresentations, or violations of law
• Property damage or personal injury caused by your pet
• Your content
• Your use of background check or identity verification information in violation of the law
• Cooperation: You agree to cooperate with WinniePaws in defending such claims.
• Exclusive defense and control: WinniePaws reserves the right to assume exclusive defense and control of matters subject to indemnification.
• No settlement without consent: You will not settle any claims without WinniePaws's prior written consent.

14. Intellectual Property.

14.1 WinniePaws Service.

• Ownership: WinniePaws and its licensors own all rights in the WinniePaws Service, technology, software, documentation, and content (except for your content).
• No license: Nothing in these Terms licenses or conveys any of WinniePaws's intellectual property rights to you.
• Feedback: WinniePaws has the right to use and incorporate your feedback or suggestions for improvement without compensation.

14.2 WinniePaws Trademarks.

• Ownership: WinniePaws owns all rights in its trademarks, service marks, brand names, and logos.
• Limited license for caregivers: Caregivers may use WinniePaws trademarks in certain limited ways, as authorized in writing by WinniePaws.
• No ownership rights: Caregivers have no ownership rights in the WinniePaws trademarks.
• License termination: WinniePaws may terminate the license at any time.
• No unauthorized use: Caregivers cannot adopt or use WinniePaws trademarks other than as explicitly authorized.

15. Warranty Disclaimer for the WinniePaws Service.

• "As is" and "as available": The information and materials on WinniePaws are provided "as is" and "as available."
• Third-party content: Reviews, profiles, advice, opinions, statements, offers, or other content are the responsibility of their respective authors.
• No warranties: WinniePaws does not warrant:

• The accuracy, adequacy, or completeness of information on WinniePaws.
• The accuracy or reliability of any opinions, advice, or statements made by others.
• That your use of WinniePaws will be secure, free from viruses, uninterrupted, always available, error-free, or meet your requirements.
• That any defects in WinniePaws will be corrected.

• Disclaimer of implied warranties: WinniePaws expressly disclaims all warranties, whether express, implied, or statutory, regarding WinniePaws. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
• No warranty regarding caregivers: WinniePaws makes no representations or warranties about the suitability of any caregiver offering pet care services through WinniePaws.

16. Limitation of Liability.

16.1 Exclusion of Certain Types of Damages.

• No liability for indirect damages: WinniePaws is not liable for indirect, special, incidental, or consequential damages, including travel expenses or business losses.
• Jurisdiction: Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages.

16.2 Limit on Our Liability to You.

• Liability cap: WinniePaws's aggregate liability to you or any third party arising from WinniePaws or these Terms is limited to the amounts you paid to WinniePaws during the 12 months preceding the event that gave rise to the liability (excluding amounts paid to caregivers).
• Exception for non-delivery of payment: For claims by caregivers for non-delivery of payment, WinniePaws's liability is limited to the amount not delivered to the caregiver.

16.3 No Liability for non-WinniePaws Actions.

• No liability for user conduct: WinniePaws is not liable for any damages arising from the conduct of you or anyone else in connection with WinniePaws, including property damage, theft, bodily injury, death, emotional distress, or damages resulting from reliance on information or content on WinniePaws or interactions with other users.
• No liability for disputes: If you have a dispute with a caregiver or pet owner, you agree to release WinniePaws from all claims, demands, and damages arising from the dispute, except as specifically set forth in the WinniePaws Guarantee.
• No liability for caregiver or pet owner non-compliance: WinniePaws is not liable for direct or indirect consequences of a caregiver or pet owner failing to comply with applicable laws and regulations.

17. Arbitration Agreement and Class Action Waiver

This section explains how disputes between you and WinniePaws will be resolved. It's important to read this carefully, especially if you reside in the European Economic Area or the United Kingdom.

17.1 Applicability

• This Arbitration Agreement applies to all disputes arising from your use of the WinniePaws Service, interactions with others on the platform, or these Terms (including alleged breaches).
• There are some exceptions (Excluded Claims) explained in Section 17.1.
• Consumers in the European Economic Area or the United Kingdom have different rights (see Section 18).

17.2 Agreement to Arbitrate

• By using WinniePaws, you agree to resolve most disputes with them through binding arbitration, not court (with some exceptions).
• An arbitrator, not a judge or jury, will decide the outcome.
• The Federal Arbitration Act governs this agreement.

17.3 Class Action Waiver

• You and WinniePaws agree to resolve disputes on an individual basis, not as part of a class action lawsuit.
• The arbitrator cannot combine claims from multiple users or preside over any class proceeding.

17.4 Pre-Arbitration Dispute Resolution

• WinniePaws prefers to resolve complaints amicably.
• Before initiating arbitration, you must contact them with a written explanation of your complaint.
• They will have 30 days to respond and attempt resolution.

17.5 Arbitration Procedures

• The specific arbitration rules depend on your location (US or Non-US).
• The arbitration will be conducted in English by a neutral arbitrator.
• You can find the applicable rules online (links provided).
• The arbitrator will decide the case based on relevant law and recognized legal principles.
• The decision will be in writing and binding on both parties.

17.6 Costs of Arbitration

• Each party is responsible for its own arbitration fees (filing, administration, etc.)
• The arbitrator may award reasonable attorney fees to the prevailing party in limited circumstances.

17.7 Confidentiality

• All aspects of the arbitration proceeding, rulings, and decisions are confidential.

17.8 Severability

• If any part of this Arbitration Agreement is found unenforceable, the remaining parts will still apply.
• However, if the class action waiver is unenforceable for all claims, the entire Arbitration Agreement is unenforceable.

17.9 Opt-Out Procedure

• You have 30 days from accepting these Terms to opt out of the Arbitration Agreement and class action waiver.
• You must submit a written opt-out notice by mail with your contact information and the email(s) associated with your account.
• Opting out does not affect previous or future arbitration agreements with WinniePaws.
• Changes to this agreement will not give you a new chance to opt-out if you previously agreed.

17.10 Future Changes to this Agreement

• Any changes to this Arbitration Agreement will not apply to claims already filed in court.
• If WinniePaws removes this Agreement from the Terms, it will not apply to existing claims.

17.11 Bellwether Arbitrations.

• Applicable to US disputes: This section applies to disputes arising in the United States.
• Similar arbitration demands: If 20 or more similar arbitration demands are filed against WinniePaws or related parties, this procedure applies.
• Individual filings: Demands must be filed individually and comply with all applicable filing requirements, including pre-dispute resolution and personal signature requirements.
• Bellwether Arbitrations: Parties will collectively select 5 demands each for a total of 10 Bellwether Arbitrations. These will be individually arbitrated.
• Arbitration completion: Parties will work with arbitrators to complete each Bellwether Arbitration within 120 days of the initial pre-hearing conference.
• Remaining demands: Demands not selected for Bellwether Arbitrations will be placed on administrative suspension and will not be arbitrated or litigated, unless specified in Section 17.11(e).
• No fees: No party will be responsible for filing or administrative fees during the suspension.
• Statutes of limitations: Applicable statutes of limitations will be tolled as of the date the demand was filed.
• Global mediation: Within 60 days of completing Bellwether Arbitrations, parties will engage in good-faith global mediation of remaining demands.
• Mediator appointment: If parties don't agree on a mediator, JAMS will appoint one with experience in the subject matter.
• Presentation of offers: Counsel for all parties must present any final settlement offers from the mediation to their clients.
• Resolving remaining demands: If parties cannot resolve remaining demands within 90 days, JAMS will lift the administrative suspensions, and unresolved demands will proceed in individual arbitration.
• Opt-out: Parties to an unresolved demand may opt out of arbitration and proceed in court.
• Class or representative proceedings: Unresolved demands proceeding in court may do so in class or representative proceedings, subject to applicable law.
• Applicability of this section: The right to proceed in court applies only to unresolved demands filed and subjected to the protocols in this Section 17.11.
• Purpose: This procedure aims to achieve a faster, more efficient, and less costly resolution of similar arbitration demands.
• Court enforcement: Parties may seek relief from a court to enforce this Section 17.11.

17.12. Additional Information for Consumers in the European Economic Area or the United Kingdom

• This section applies only to business customers, not consumers, in the European Economic Area or the United Kingdom.
• Consumers in these regions have certain legal rights that cannot be waived through arbitration agreements.

18. Governing Law and Jurisdiction

This section outlines where legal disputes with WinniePaws will be heard:

• US & Canada: South Carolina State law applies, with the Federal Arbitration Act governing arbitration agreements. Disputes will be resolved in state or federal courts located in Greenville SC.
• EEA & UK: English law applies, with some exceptions for EEA countries outside of England. Disputes can be resolved in English courts or your local EEA court.
• EU Consumers: The European Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr) offers alternative dispute resolution for EEA consumers.

19. Class Action Waiver

19. Class Action Waiver (for Consumers in the European Economic Area or the United Kingdom)

This section reiterates the class action waiver for consumers in the European Economic Area and/or the United Kingdom, likely to comply with regional consumer protection laws.

• You and WinniePaws agree to bring claims against each other only on an individual basis. Class action lawsuits or other representative proceedings are not allowed.

20. Force Majeure

WinniePaws will not be liable for delays or failures caused by events beyond their reasonable control, such as natural disasters, war, or pandemics.

21. Miscellaneous

• This agreement does not create a partnership, joint venture, or employment relationship between you and WinniePaws.
• These terms are severable, meaning an invalid provision won't affect the validity of the remaining terms.
• This agreement applies to your successors and assigns, and remains in effect after your relationship with WinniePaws ends.
• For questions or concerns, please refer to the WinniePaws Help Center or contact your local office.