Use of the Max & Lilly Site legally binds you to the terms and conditions herein and all access to our Site and its Content requires that users abide by such terms and conditions. Use of the Site constitutes a legally binding agreement between Max & Lilly, Inc. and you. You may choose not to agree to the terms and conditions set forth; however, you would then have no right to use, obtain information from, or otherwise visit the Site. Only individuals of the mature age of 18 years or older are allowed to access and use the Site. We expressly prohibit any users under 18 years of age from access. Such access or use of the Site expressly warrants and represents that you are of age.
In using this Site, you are deemed to have read and agreed to the following terms and conditions:
“Content” – refers to all information, pictures, images, graphics, videos, text, documents, music, software, and other such materials.
“Host” – is a person who offers and/or provides pet care services to other users on the Site.
“Listing” – means a Pet-owner’s placement of an advertisement seeking the services of a Host and a Host’s placement of an advertisement seeking a pet in need of pet care services within in the Site.
“Pet Care Services”- indicates pet walking, pet visits, pet feeding, pet boarding, pet play dates and other such pet services.
“Pet Owner” – is any user seeking the services of a Host for an identified pet.
“Third Party Provider” – refers to the services and products provided to the Site’s users by other parties than M&L, such as insurance company products.
“User” – means a person who signs onto the Site with a unique user name.
User Uploaded Data and Files
“User Uploaded Data and Files” is any all of information and document files that you upload to the Max & Lilly platform for the use of the platform, registration on the platform, and interaction with other users. For all material that you upload and provide to Max & Lilly by addition to your profile, you are singularly responsible for the content because Max & Lilly operates only as a passive medium through which the User uploaded Data and Files gets shared with others on our Site. Max & Lilly’s use of such materials, files, and data does not violate any rights that you have in the uploaded data and files. User grants Max & Lilly a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and all necessary sub-licensable rights to exercise all intellectual property and publicity rights and any other rights User has in such materials, in any media outlet now known or not currently known. It will be completely within the discretion and determination of Max & Lilly how, where and whether User Uploaded Data and Files should be displayed and exhibited for other Users and in public on the Site.
User gives the rights and privilege to Max & Lilly to show and share uploaded materials and updates by users with other users on the Site and on external media outlets. User agrees that Max & Lilly may publish and distribute photos or other materials of User as it sees fit, including that Max & Lilly has the right to publish across all social media, e.g. Facebook, Pinterest, Instagram, Twitter, and other such social networks. Users are required by Max & Lilly to provide photos of the User as well as any pets the User owns. Failure to provide such photos is grounds for immediate suspension and/or termination of Users account.
All users on the Site agree that acting in an inappropriate or improper way shall be grounds for an immediate termination of User account for breach of these terms. Users agree to take responsibility for all activity done under User’s account or password. You are responsible for keeping your information confidential and restricting access to your account on the Max & Lilly Site. Users shall agree to: (1) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; (2) Provide accurate information; (3) Use your real name on your profile; (3) Use the Site in a professional manner.
Users agree not to do the following: (A) Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content; (B) Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Max & Lilly); (C) Use an image that is not your likeness or a head-shot photo for your profile; (D) Create a false identity on Max & Lilly; (E) Misrepresent your identity, including but not limited to the use of a pseudonym; (F) Create a Member profile for anyone other than yourself; (G) Use or attempt to use another’s account; (H) Harass, abuse or harm another person; (I) Send spam or other unwelcomed communications to others; (J) Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work); (K) Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner; (L) Disclose information that you do not have the right to disclose (such as confidential information of others; (M) Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights; (N) Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Max & Lilly; (O) Send messages to distribution lists, newsgroup aliases, or group aliases; (P) Post anything that contains software viruses, worms, or any other harmful code; (Q) Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services; (R) Create profiles or provide content that promotes escort services or prostitution. (S) Creating or operate a pyramid scheme, fraud or other similar practice; (T) Copy or use the information, content or data of others available on the Services (except as expressly authorized); (U) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof; (V) Remove any copyright, trademark or other proprietary rights notices contained in or on our Service; (W) Remove, cover or obscure any advertisement included on the Services; (X) Share or disclose information of others without their express consent; (Y) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information; (Z) Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; (AA) Monitor the Services’ availability, performance or functionality for any competitive purpose; (AB) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (AC) Access the Services except through the interfaces expressly provided by LinkedIn, such as its mobile applications, linkedin.com and slideshare.net; (AD) Override any security feature of the Services; (AE) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
If you violate this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Max & Lilly to you. We will notify you by email or at the next time you attempt to access your account. Max & Lilly may also delete your account or disable your application at any time for any reason Max & Lilly finds antithetical to the purpose of the Site, including receiving bad reviews, extortion, harassing or derogatory language or content, etc. Max & Lilly expresses reserves the right to terminate any User account for violation of the terms herein. Furthermore, Max & Lilly may terminate any User account for failure to use the Site how it was intended to be used or for acting in the wrongful ways illustrated above. Any violation of state and/or federal law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. Sec. 1030), may subject the User to civil liability and/or criminal prosecution.
Within its sole discretion and without any civil liability of any kind to the User, Max & Lilly may without notice terminate any account for any reason, cancel any listing or booking, refund any money if necessary, and make changes the Company deems necessary. All rights, warranties, indemnities and limitation of liability shall survive any termination of accounts.
Any user may cancel his/her account by sending an email to firstname.lastname@example.org. Yet, a user’s cancellation of its account does not terminate User’s responsibilities and liability for bookings, listings, or other transactions. Moreover, User agrees that Max & Lilly does not have the requirement to return or delete any content of User’s residing on the Site.
User records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so by the appropriate authorities. We will not sell, share, or rent your personal information to any third party. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. Max & Lilly excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Max & Lilly’s literature. Max & Lilly excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law.
The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. MAX & LILLY EXPRESSES DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF THE SITE, LISTINGS PROVIDED BY USERS, CONTENT OF SITE, AND QUALITY OF THE USERS ON MAX & LILLY ACTING IN A PET HOST CAPACITY. YOU ASSUME ALL RISKS OF USING THE SITE AND THE SERVICES WITHIN, INCLUDING USE OF A PET HOST OBTAINED THROUGH THE SITE. THE QUALIFICATIONS OF THE PET HOSTS DRAMATICALLY VARIES AND THERE IS NO CREDENTIALING OR FORMAL QUALIFICATION FOR PET HOSTS. MAX & LILLY DISCLAIMS ANY WARRANTY THAT PET HOSTS HAVE AND DO COMPLY WITH LOCAL, STATE OR FEDERAL LAWS AS WELL AS THAT HOSTS HAVE THE ABILITY TO PROVIDE PETS WITH ANY SERVICE PROVIDED ON THE SITE. MAX & LILLY DISCLAIMS ANY AND ALL LIABILITY STEMING FROM ANY OMMISSION OR ACT OF ANY USER, MEMBER, HOST OR THIRD PARTY, EXCEPT AS OTHERWISE STATED.
Disclaimer of Liability
Max & Lilly shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
By agreeing to create a listing or provide any hosting or pet service through the site, you expressly assume the risk of providing such service including all damages that may result from the creation of the listing or the providing of service that you or another person may incur. It is the responsibility of the pet service provider and the person creating the listing to accurately depict facts and make reasonably prudent decisions in the interest of themselves and the pets. For this reason, we encourage all pet service providers to meet with the owner and pets that they will provide any service for prior to the scheduled booking as a way to familiarize yourself with them and their special needs.
All Users that provide pet services that are in any way connected with the Max & Lilly site shall hold harmless and indemnify Max & Lilly, Inc. as well as its agents, affiliates, officers, employees, agents, dba’s thereof, and Third Party Providers (together called “Indemnified Parties.”) against any and all claims, damages, loss or liabilities incurred by Indemnified Parties in connection with the claim asserted by a third party related to User in some way or another or in connection to User’s use of the Site. Indemnified Parties have the right to assume the exclusive defense and control of any matter subject to User’s indemnification. No claim will be settled by User without the written and express consent of the Indemnified Parties. Furthermore, Max & Lilly and any of its agents, officers, employees, directors, and/or Third Party Providers shall have no indemnification obligation or other liability for any reason for claim of infringement.
No Joint Venture or Agency
There is no joint venture, no employee-employer relationship, no agency, and no independent contractor relationship created between Max & Lilly and User stemming from User’s utilization of the Site or any other scenario. User agrees and accepts that no agency, whether express or tacit, exists between User and Max & Lilly.
All major Credit/Debit Cards, PayPal Accounts, and/or bank wires or transfers are all acceptable methods of payment. Our Terms are payment in full upon confirming a booking with a service provider on the Company’s platform. All goods, in the event there are goods exchanging hands, remain the property of the Company until paid for in full.
Notification of cancellation of an order is requested via email, mobile phone ‘text message’ and/or personal message via the Site, or any other means will be accepted subject to confirmation in writing.
Max & Lilly has one cancellation policy for all Users seeking a Host. The policy is 100% refund of credits with cancellation at least 7 days before the scheduled pet drop-off date, 50% refund of credits with cancellation within 7 days but before 2 days, and no refund within 48 hours of scheduled booking, except where determined by Max & Lilly. All cancellation must be made by 11:59 Pacific Time to qualify for having the cancellation having occurred on that particular day. Any Max & Lilly fees charged at the time of reservation are non-refundable.
For Day Visits or Walks, the User seeking a Host will be entitled to a full refund of credits as long as the User cancels 2 days prior to the start time of the visit or walk. Thereafter, there will be no refund of credits. If a dog walk, for example, were to take place on May 20, then cancellation must be sent by 11:59pm Pacific Time on May 18 for a full refund.
Availability of Site
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Max & Lilly. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text and photography relating to the Company’s services and the full content of this website.
Max & Lilly’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our website or via Max & Lilly’s literature or via Max & Lilly’s stated telephone, facsimile or email addresses.
This company is doing in the United States with address 1357 Ashford Ave. #295, San Juan, Puerto Rico, USA 00947
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Notification of Changes
Conflict of Terms
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Copyright Complaints and Copyright Agent
Max & Lilly respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. Max & Lilly will respond expeditiously to claims of copyright infringement committed using the Max & Lilly service and/or its Site if such claims are reported to Max & Lilly’s designated copyright agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Max & Lilly’s Designated Copyright Agent. Upon receipt of Notice as described below, Max & Lilly will take whatever action in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
- Identify the copyrighted work that you claim has been infringed – or if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyright works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Max & Lilly’s Designated Copyright Agent: Copyright Agent, Max & Lilly Inc., 1357 Ashford Avenue #295, San Juan, Puerto Rico 00907 and email@example.com
Fees, Taxes, & Withholding
All users are responsible for any tax liability they may have due to actions Users take on the site or because of the Site’s interactions with other Users. Each User providing any pet services to another User is responsible for complying with local ordinances, licensing requirements and paying any local indirect taxes stemming from services rendered from use of the Site. Max & Lilly is not responsible for any taxes or license fees of a User for any possible reason.
Max & Lilly does not operate as an employment agency and does not take the role of employer for any User. For this reason, Max & Lilly is not liable for any taxes or any withholding, such as unemployment insurance, social security, payroll, liability insurance, etc., in connection with the services provided to other Users by a User. All users understand and agree that in the event Max & Lilly is found to be liable for any such tax, withholding, insurance, social security, or any other fee in connection with the User’s use of the Site, then User will immediately reimburse for said amount directly to Max & Lilly in an amount equivalent, including interest and penalties on top of such amount.
Severability, Merger & Integration
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. These terms supersede any prior or conflicting communications between User and Max & Lilly. We reserve the right to alter, modify or change any terms within this document at any time with notice to User, such changes become effective immediately. Users are advised to visit the Site from time to time to review the terms and any changes made because they are always binding upon User. By using the Site after the changes are made User consents to the changes.
Applicable laws (Choice of Venue and Forum)
Use of this website shall in all respects be governed by the laws of New York, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New York courts located in New York county, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the New York courts in all disputes arising out of such access.
Dispute Resolution & Waiver
Max & Lilly and User hereby agree that any claim or controversy arising out of the Terms or the breach, termination, or enforcement to the use of the Site, must be settled by binding arbitration.
USER UNDERSTANDS THAT UNDER THIS PROVISION USER WAIVES THE RIGHT TO TRIAL BY JURY AND TO SUE IN ANY COURT.
User acknowledges and agrees that Max & Lilly and User hereby waives a right to trial by jury or to pursue a cause of action as a plaintiff or member of a class against the other party.
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. The place of arbitration shall be New York City, NY, USA and the arbitration shall be conducted in English.
Assignment of These Terms & Conditions
Users may not assign these Terms and Conditions to any other person without the express, written authorization by Max & Lilly. All assignments without such authorization shall be void. Users agree that were litigation of any dispute arising out of these Terms and Conditions that the prevailing party shall be entitled to an award of attorneys’ fees and expenses as well as any court costs or costs for witnesses or arbitration. Any and all rights not expressly granted are reserved by Max & Lilly.
© Max & Lilly 2017, All Rights Reserved.
For any questions about the terms and conditions set forth herein, please contact Max & Lilly at firstname.lastname@example.org
THE SITE ALLOWS FOR USERS TO CREATE LISTINGS AND MAKE BOOKINGS FOR PET SERVICES. ALL USERS AND PARTIES ON THE SITE ACKNOWLEDGE AND AGREE THAT MAX & LILLY IS NOT A PARTY TO ANY CONTRACT BETWEEN PET SERVICE PROVIDER AND PET OWNER. ALL USERS WILL AND DO CONTRACT DIRECTLY WITH PET SERVICE PROVIDER. MAX & LILLY IS NOT A BROKER, AGENT, OR INSURER. MAX & LILLY HAS NOT CONTROL OVER USERS OF THE SITE WHO PROVIDE PET SERVICES TO OTHER USERS, OR VICE VERSA. MAX & LILLY DISCLAIMS ALL LIABILITY IN THIS REGARD. USERS MUST READ TERMS AND CONDITIONS IN THEIR ENTIRETY AN