(Last Updated - July 17, 2022)

This agreement ("Agreement" or "Terms of Service") governs your use of Elliott's Pet Care services ("Services"). You (the "user" or "you") use the Services subject to these Terms of Service ("Terms of Service" or "Agreement"). The Services are the property of Elliott's Pet Care L.L.C. ("Elliott's").

Elliott's provides you with the pet services you request, including, but not limited to: pet walking, pet boarding, pet sitting, and pet transport, including to groomers, boarders, and veterinarians. Through an email template provided by Elliott's on Its Website, Elliott's will collect both pet owners' personal information (including name, home address, phone number, and email address), as well as pet(s)' information (including species, name, age, breed, and physical characteristics) to contact you and confirm your identity for the provision of Services.

Elliott's operates www.elliottspetcare.com and elliottspetcare.squarespace.com ("Websites"). Elliott's does not currently operate a mobile application. In order to provide ease of use when the Websites and Services are accessed from work, home, or elsewhere, Elliott's provides its Services through a web browser to facilitate a better pet services experience.

By visiting our Websites and/or using any of our Services, or when submitting or viewing content, including personal and pet(s) information, through our Websites and/or Services, you are agreeing to be bound by this Terms of Service. If you do not agree to these Terms of Service, do not use any of the Services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THESE TERMS OF SERVICE. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT AGENCY OR ENTITY.

This Is a legal agreement between you and us for use of any of the Services. This Agreement applies to you, whether personally or on behalf of an entity, whether you visit our Websites or use any of our Services. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you or us is intended or created by this Agreement.

Your use of the Services indicates your explicit consent that the personal and pet(s) information you have provided through the Services is accurate and true, and is subject to our PRIVACY POLICY, the terms of which are incorporated herein. Please review our PRIVACY POLICY to understand our practices.

If you access the Websites and/or Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosures that differ from applicable laws in the United States, then through your continued use of the Websites and/or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed In the United States.

1. DEFINITIONS.

1. "Pet(s)" are any domesticated animal kept for pleasure rather than for commercial purposes. Pet(s) are considered personal property under law, especially state property laws governing ownership, gifts, and abandonment.

1. ENTIRE AGREEMENT

1. This Terms of Service will be the sole, exclusive, and entire agreement between Elliott's and you. This Agreement will supersede all other agreements, understandings, representations, and warranties between you and Elliott's, whether oral, written, contemporaneous, or prior.

1. SERVICES

1. You will voluntarily provide Elliott's with your accurate and true personal information through an email template provided on the Website, and Elliott's will collect and retain through it said personal information, including, but not limited to, your name, address, phone number, and email address. When using the Services, you will also voluntarily provide, through the same email template, accurate and true information about your pet(s), including species, name, age, breed, and physical characteristics. Elliott's will use the provided information to provide the Services. By using our Services, you consent to us using the information you disclose to us to provide you the Services.

1. WARRANTIES AND REPRESENTATIONS. Before requesting Services, you warrant and represent that:

1. You are the sole owner or agent of the owner of the pet(s), and are authorized to enter into this Agreement and other agreements included herein;

2. Your pet(s) are in overall good health;

3. Your pet(s) are current on all vaccinations, including Rabies, DHPP, and Bordetella;

4. Your pet(s) are on a flea and tick prevention treatment;

5. Your pet(s) have NOT exhibited aggressive behavior towards humans or other animals

6. Your pet(s) are quiet and housebroken, and will not cause damage or annoy other neighbors, including by barking, jumping, or running, and your pet(s) will not have a history of being unnecessarily noisy or aggressive, nor of causing any annoyance or discomfort to others

7. All information you provided about you and your pet(s) through the Services, are accurate, true, and correct

1. RIGHT TO REJECT. Elliott's has the right to reject providing Services to your pet(s) for any reason whatsoever, including but not limited to:

1. If your pet(s) exhibit any signs of infestation (fleas, ticks, parasites, illness, disease); and/or

2. If your pet(s) exhibit any aggressive or other behavior Elliott's deems inappropriate

1. SERVICES PROVIDED

1. TEMPORARY PET GUARDIANSHIP. A Temporary Pet Guardian ("Guardian") agrees to provide care for your pet(s) for a temporary and/or estimated length of time. We agree to pick up your pet(s) at the disclosed address and return your pet(s) to anotherr address. If Elliott's is not picking-up your pet(s), you will deliver your pet(s) to Elliott's on a date previously agreed upon through the Services. You agree to have your pet(s) dropped off at a disclosed location, and will pick up and take possession of your pet(s) at or prior to the end of the Temporary Pet Guardianship unless you extend this agreement in writing. Elliott's agrees to immediately return your pet(s) to you, at your request, at any time and for any reason. Elliott's agrees to provide care for your pet(s) in accordance with reasonable standards of pet care. Parties understand that the provisions of Temporary Pet Guardianship agreements are legally binding, and any violation of this agreement could result in legal liabilities.

1. RIGHTS. Elliott's agrees that he or she is temporarily caring for your pet(s), and does not have any right of ownership over your pet(s). Elliott's agrees that your rights In and to your pet(s) are superior to that of Elliott's, unless and until your pet(s) are considered abandoned. You and Elliott's should notify each other promptly of any change in parties' contact information. Elliott's will not transfer possession or custody of your pet(s) to any other person at any time, except for temporary, short-term possession for purposes known and authorized by you. Elliott's will not relinquish custody or possession of your pet(s) to any Rescue Organization, Shelter, or Animal Facility unless your pet(s) are considered abandoned. Elliott's agrees to contact you with any and all questions or concerns about your pet(s), and will immediately notify you If your pet(s) become lost, injured, ill, or are involved in any incident or situation which results in the intervention of animal control or other governmental authority.

1. COST REIMBURSEMENT. You agree to reimburse Elliott's for the full cost of pet care expenses undertaken while your pet(s) are under Guardianship, including food, grooming, and veterinary care. You agree to indemnify Elliott's for any injury to third persons or properties caused by your pet(s) while under Elliott's Guardianship.

1. REMEDIES. Elliott's agrees that your pet(s) are unique and not replaceable by any other animal and understands that if you are forced to seek legal recourse for the return of your pet(s), you will seek to have this Temporary Pet Guardianship contract specifically enforced by the courts, meaning you will seek return of your pet(s), not monetary damages. In the event that you are required to seek legal intervention to secure return of your pet(s), Elliott's shall be liable for attorneys' fees and court costs. In the event Elliott's violates the Temporary Pet Guardian agreement and that violation results in the death of your pet(s) or other inability to return your pet(s) to you, the parties agree that damages for the loss of a pet(s) are difficult to estimate with certainty and in such event the parties agree that there shall be liquidated damages in the amount of [INSERT DAMAGES HERE] paid by Elliott's to you in addition to attorneys' fees and costs of suit.

1. STERELIZATION. If your pet(s) are not sterilized, Elliott's will take all necessary precautions to prevent your pet(s) from either Impregnating another animal or becoming impregnated. Elliott's agrees not to breed or allow your pet(s) to reproduce, but if this should occur, your pet(s)' offspring will be placed within eight (8) weeks of birth.

1. EMERGENCIES. In the event of an emergency, Elliott's shall contact you at the provided phone number to confirm your choice of action. If you cannot be reached after reasonable attempts to contact you, Elliott's is authorized to:

1. Transport your pet to a listed veterinarian

2. Request on-site treatment from a veterinarian;

3. Transport your pet(s) to an emergency clinic If the previous two options are not feasible

1. EMERGENCY VETERINARY CARE. Emergency Veterinary Care agreements authorize a veterinarian to provide emergency care while your pet(s) are under Guardianship. You agree to pay the veterinarian the costs of such care, and to reimburse Elliott's if Elliott's covers the cost of transport and emergency care while your pet(s) are under their Guardianship. Through the Services, you and Elliott's will agree to coordinate veterinary care for your pet(s), including payment, veterinarian of choice, and emergency care provisions. Elliott's will not arrange or pay for, or otherwise cause, routine medical procedures for your pet(s) during the Guardianship without your express written consent. However, Elliott's will arrange for any emergency care necessary to stabilize your pet(s)' medical condition in the event of an illness or injury while your pet(s) are under Elliott's Guardianship.

1. EUTHANASIA. In the event that your pet(s) become so severely ill or injured that euthanasia is appropriate to eliminate pain and suffering, and Elliott's is unable to reach you to authorize euthanasia in a reasonable time, you authorize Elliott's to complete such humane euthanasia. You waive and relinquish all claims against Elliott's for accidental Injury, accidental illness, or accidental death of your pet(s) except in cases of criminal misconduct or gross negligence on the part of Elliott's.

1. ABANDONMENT. In California (Civil Code Section 1834.5), if your pet(s) are not picked up within fourteen (14) days after your pet(s) was due to be picked up, your pet(s) are considered abandoned. The person into whose custody your pet(s) was placed for care shall first try for a period of not less than ten (10) days to find a new owner for your pet(s), or turn your pet(s) over to a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or nonprofit animal rescue group, provided that the shelter or rescue group has been contacted and has agreed to take your pet(s). If unable to place your oet(s) with a new owner, shelter, or rescue group, the animal care facility may have the abandoned animal euthanized. Although the law does not require it, third parties may notify you of this fourteen (14) day period by as many means as applicable, including by: registered letter, fax, text, email, phone call, or phone message of your intent to declare the animal abandoned on a specific date. You cannot continue to reset the fourteen (14) day period by calling and declaring an intent to pick up your pet(s).

1. If pet(s) so abandoned were left with a veterinarian or with a facility that has a veterinarian, and a new owner cannot be found pursuant to this section, the veterinarian may euthanize the animal. Nothing shall be construed to require an animal care facility or a veterinarian to euthanize an abandoned animal upon the expiration of the 10-day period described above. An abandoned animal shall not be used for scientific or any other type of experimentation.

1. ABANDONMENT NOTICE. Facilities MUST post a notice in a conspicuous place to warn a person depositing pet(s) at an animal care facility of the abandonment provisions. Save any proof of delivery of letters, faxes, texts, or emails and note, such as in the patient record, the dates and times the calls were placed and messages left with you. Document everything in the patent record - including the date and time of any and all calls placed to Client, all texts or emails sent (printed copies in the record with date and time stamping included), and retain any returned registered letters with post office or courier confirmation that delivery was attempted.

1. VETERINARY LIEN. If a veterinarian refuses to release your pet(s) and first places a lien (a legal right to keep possession of property belonging to another person until a debt owed by that person is discharged) on your pet(s) in order to protect his or her lien right, the pet(s) would change from being liened to abandoned when: (1) The veterinarian has given you express notice that the lien right was being relinquished and that your pet(s) could be picked up on a specific date; and (2) You have not picked up your pet(s) or otherwise contacted the veterinary facility regarding the animal within fourteen (14) days after the date specified in the veterinarian's notice of relinquishment.

1. According to California Civil Code Section 3051, a veterinarian may hold an animal for payment after treatment has ended and payment for services is due. If the amount due for veterinary services is not paid within ten (10) days after it Is due, the law authorizes the veterinarian to sell the animal. However, the veterinarian must give at least ten (10) and not more than twenty (20) days' notice to you prior to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the animal. The remainder, If any, must be paid to the legal owner.

2. Civil Code Section 1892 prohibits a veterinarian exercising lien rights from claiming compensation from you for any trouble or expense incurred during the lien period, except if the costs were incurred to preserve the animal from an expected and unusual injury because of concealed defects in the animal. However, it would be difficult to convince a court that an animal suffered from a "concealed defect" when a veterinarian's expertise is to diagnose the condition of the animals in his or her care.

3. Statutory lien provisions do not permit a veterinarian to euthanize a pet(s).

1. VETERINARY LEGAL SERVICES. A veterinarian may retain legal services to commence, including the following: payment agreements, credit card authorization forms, or other payment arrangements when you do not pay for the veterinary services. A veterinarian's legal right to charge for food, shelter, and medical treatment upon legal abandonment depends on the terms of the oral or written contract between you and veterinarian. In the absence of any specific agreement, there is an implied contract to pay a reasonable amount for services requested.

1. VETERINARY RECORDS. You authorize your pet(s)' veterinarian to release that pet(s)' medical records and history to Elliott's upon written request.

1. DEATH WHILE UNDER VETERINARY CARE. If an animal dies while under care of a veterinarian, the veterinarian may notify you of the animal's death and inquire about what they would like to do with the remains. By Section 2030.1(b), "when the client has not given the veterinarian authorization to dispose of his or her deceased animal, the veterinarian shall be required to retain the carcass in a freezer for at least 14 days prior to disposal."

1. ELDERLY PETS. Owners of elderly pets (those approaching the end of life) need to know if in the event their pet passes on while under Elliott's care, the policy is to keep their pet(s) at a designated location until they can be reached by a veterinarian for further instructions.

1. ANIMAL ABUSE. When a pet is in extreme pain and you are non-responsive to contact, an animal in critical condition or extreme pain may fall under the jurisdictional oversight of a municipal animal service agency because of a reference to "needless suffering" in California Penal Code Section 597. Contact your local animal services agency and explain the situation; as per California Penal Code 597.1, your local animal services agency may take legal possession of the pet and direct treatment. California Business and Professions Code section 4830.7 states, "whenever any licensee under this chapter has reasonable cause to believe an animal under its care has been a victim of animal abuse or cruelty, as prescribed in Section 597 of the Penal Code, it shall be the duty of the licensee to promptly report it to the appropriate law enforcement authorities of the county, city, or city and county In which it occurred. No licensee shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation… of Section 597 of the Penal Code." California Penal code section 597s indicates that animal abandonment Is a crime punishable as a misdemeanor. Usually, municipal animal service agencies enforce the penal code for animal-related crimes. If there is reasonable cause to believe an emergency situation exists with respect to your pet(s), and if efforts to contact you, your agent, or an emergency caretaker are unsuccessful, anyone may contact the local animal authority and assist its staff In mitigating the situation, which includes: suspected abuse, abandonment, fire or other disaster, or any prolonged disturbance. If it becomes necessary for your pet(s) to be boarded, any and all costs incurred will be reimbursed by you.

1. PET SITTING CONTRACT. The Services include Pet Sitting by Elliott's ("Sitter") and transportation by Elliott's to and from Daycare or Boarding facilities ("Boarding"). You understand that Elliott's is not responsible for the quality or provision of third-party Boarding services, nor does Elliott's maintain any contract with any third-party Boarding services. You and Elliott's agree to be bound by a Pet Sitting Contract when Elliott's is the Sitter. Through the Services, you will additionally disclose to Elliott's your pet(s) usual routines and the expectations of Boarding or Sitting. Required disclosures from both you and Elliott's include, but are not limited to: identity, address, and contact information of you and your pet(s); identity, address, and contact information of the Sitter; site where the Sitting or Boarding will occur; duration of Sitting or Boarding; an agreed-to fee schedule paid through Rover.com; feeding and medicine schedule and preferred foods; emergency care provisions; and frequency of walking or grooming required. You agree to pay THE agreed-upon rate in effect on the date your pet(s) are delivered to Boarding or Sitting. Your pet(s) shall not leave the facility until all Boarding or Sitting charges are paid. A lien may be placed on your pet(s) for any and all unpaid charges resulting from Services.

1. ASSUMPTION OF RISK. You understand that some facilities and parks include open boarding and play areas where animals co-mingle in groups. You recognize that there are inherent risks of illness or injury when dealing with other animals. You further understand that when animals play in groups, they may suffer injuries such as nicks and scratches. Added risks include, but are not limited to, problems resulting from ingesting food scraps and other items found inside or outdoors, and contracting various illnesses such as kennel cough or similar ailments. You assume all risks to pet(s) related to or arising from its care while Boarding or during Sitting.

1. DISCIPLINE. You acknowledge and agree that Elliott's, may be required to discipline your pet(s). You grant Elliott's, and/or its employees, officers, or agents, permission to reasonably discipline your pet(s) in the most humane way possible under the circumstances. You authorize Elliott's to use basket-over-muzzle if deemed necessary in order to prevent danger to other pet(s) or to people present.

1. SAFETY. Elliott's agrees to exercise due and reasonable care to keep its premises and vehicles sanitary, its property enclosed, and the health and safety of the pet(s) present maintained.

1. GUESTS. Elliott's may limit the number of guests allowed to visit pet(s) under its care. Children under a specified age may only visit if accompanied by an adult at all times.

1. RESERVATIONS. Services can and will facilitate provision of advance reservations or long-term stays for pet(s) if a Sitter or Boarding facility is available.

1. CANCELLATION OR NO-SHOW POLICY. Cancellations must be made reasonably in advance, such as 48-hours prior to the reservation date. If cancellation notice is provided too late, you will be invoiced and required to pay Elliott's regardless of the cancellation. Clients who regularly cancel or no-show may have their access to or use of the Services terminated.

1. CLOSING TIME. If pet(s) who are scheduled to be picked up are not picked up before closing on that day, you hereby authorize and will pay for overnight boarding and any additional food or medicine charges.

1. FOOD AND MEDICINE. When Sitting, Boarding, or Transporting pet(s) during daytime or overnight, you agree that it is solely your responsibility to leave Elliott's adequate supply of food and medicine for the entirety of the Guardianship. Should the food or medicine supply need replacement, you authorize Elliott's to acquire, replace, and charge medicine and food costs to your bill.

1. PET CARE AND GROOMING. Services may provide access to Pet Groomers ("Groomers"). Elliott's will not in any way be responsible or liable for the acts of Groomers. You must comply with Groomers' terms of service and other agreements, including payment policies, appointment policies, and vaccination and health requirements. Elliott's can pick-up, deliver, and return pet(s), and can be reimbursed by you for grooming fees. Groomers may discharge pet(s) to veterinarians for emergency care if necessary.

1. MATTED PETS. Pet(s) with matted coats need extra attention when being groomed. Groomers do not wish to cause serious or undue stress for pet(s), and will not continually de-mat pet(s) for you. Mats can be very difficult to remove, and may require the pet(s) to be shaved. Removing a heavily matted coat Includes risks of nicks, cuts, or abrasions due to warts, moles, or skin folds trapped in the mats. Heavy matting can also trap moisture and urine near the pet(s)' skin, allowing mold, fungus, or bacteria to grow, causing skin Irritations that existed prior to grooming. After effects of mat removal can include itchiness, skin redness, self-inflicted irritations, abrasions, and failure of the hair to re-grow. Shaved pets are also prone to sunburn and should be kept out of the sun until the hair grows sufficiently to protect the skin. In some cases, pet(s) may also exhibit brief behavioral changes. Prevention is the best defense against matting by scheduling regular grooming appointments. There is an extra charge for dematting.

1. ACCIDENTS. There is always the possibility an accident may occur during grooming. Grooming equipment is sharp and may cause possible problems even with extreme caution and care, including, but not limited to, cuts, nicks, scratches, and quicking of nails. In most cases, this can happen when pet(s) are wiggling or moving around. If you arrive to pick up your pet(s) and they are still being groomed, please do NOT talk with them or allow them to see you. Although every effort is made to ensure your pet(s) are groomed as safely as possible, an excited pet can be dangerous to groom. If you insist on talking to your pet(s), groomers reserve the right to end the Grooming, even if incomplete, and still charge you full price.

1. AGGRESSIVE OR DIFFICULT PETS. You must inform us prior to grooming If your pet(s) have bitten someone or have aggressive tendencies. You will be held liable for any medical bills due to bites or for any property damage caused by your pet(s). Groomers have the right to refuse service for any pet that cannot be handled safely. Tranquilized pets will not be accommodated as they should be treated in the safety of a veterinary clinic or hospital with an in-house groomer. The use of muzzles, e-collars, slings, straps, etc. are acceptable safety measures. Grooming services may be stopped mid-groom if necessary for the safety of the pet(s), but you may still be charged full price.

1. DOG WALKING CONTRACT. Services include Dog Walking commenced after accurate information Is obtained through the Website's email template disclosure. Upon signing a Dog Walking Contract, Elliott's undertakes to perform the agreed-to services in an attentive, reliable, caring, and reasonable manner. Elliott's will:

1. Immediately notify you of any occurrence pertaining to your dog(s) which may be relevant to its care and wellbeing.

2. Supply and be equipped with a scooper and waste bags, and will duly remove the dog's feces from all public places

3. Reserves the right to walk other compatible dogs at the same time, but agrees to limit the number of dogs walked with one person at his or her sole discretion. You will provide suitable harnesses, collars, and leads as approved by Elliott's, as well as coats or muzzles if required.

4. Not be obliged to perform any other duties except those specified within the Dog Walking Contract executed between you and Elliott's.

5. Be paid an agreed-upon fee for a single walk, or a regular agreed-upon fee for continued service

6. Agree with you on the date(s) to walk, the regularity of the services, and the pick-up and drop-off addresses, if any. Either party may terminate their Dog Walking Contract a set number of hours before the services are to be performed without penalty or damages. If services are not cancelled within a reasonable time frame, Elliott's may charge you the full fee for those forfeited services.

7. Appoint a substitute walker due to unforeseen circumstances if approved in writing by you. Elliott's may terminate the contract if your pet(s) becomes aggressive or dangerous.

1. WALKING LIABILITY. Elliott's accepts no liability for any breach of security, loss of, or damage to your property if any other person has access to the property during the walk. Elliott's shall not be liable for any mishap of whatever nature which may befall a pet or are caused by a pet who has unsupervised access to the outdoors. You will be liable for all medical expenses and damages resulting from an injury to Elliott's Walker caused by the pet, as well as damage to yours or a third-party's property. Elliott's is released from all liability or fees related to transporting pet(s) to and from any veterinary clinic or boarding or sitting facility, and from any medical treatment of the pet(s). You agree to pay for pest infestation services resulting from your pet(s) whether during or after the Services are performed.

1. SECURITY. Elliott's warrants to keep safe and confidential all of your keys, remote control entry devices, access codes, and personal information. Elliott's agrees to abide by any house rules, Including lights and appliance usage, thermostat or utilities settings, wi-fi access, and house alarm codes.

1. PET TRANSPORTATION. The Services include transport of pet(s) from one provided address to another provided address. Elliott's will make every effort to care for the pet(s) while transporting It. Elliott's assumes no responsibility whatsoever for injuries, sickness, death, or other disability which may occur while transporting your pet(s). You hereby irrevocably and completely release Elliott's and its officers, directors, shareholders, employees, contractors, agents, attorneys, and drivers from any and all liability, claims, suits, demands, and judgments of any and every kind resulting from or in any way connected with the transportation of the pet(s), and any harm, injury, sickness, or death which may befall the pet(s) while being transported. You shall be completely financially responsible for any damage to property, to humans, or to other animals caused by your pet(s) while it is being transported, and shall promptly pay all damages on demand.Elliott's may refuse to transport your pet(s) if Information gleaned from you is inaccurate or untrue.

1. CONTAINMENT AND SAFETY. In the event that your pet(s) becomes aggressive in the course of transportation, Elliott's reserves the right to place your pet in a crate, kennel, or container at your sole expense. Elliott's at its sole discretion may not transfer pet(s) requiring a muzzle or restrictive device, or that displays aggression.

1. MINIMUM AGE. It may be required that Pet(s) need be of a minimum age to be eligible for transportation services.

1. HEALTH CERTIFICATES. A valid health certificate issued by a veterinarian may be required before transport, and it must travel with your pet(s). The certificate may require a rabies vaccination certificate. An Emergency Care Authorization Form must be completed and also travel with your pet(s), but a single form may be used for multiple pets at once. The Emergency Care Authorization Form allows permission to take your pet(s) to a veterinarian if they are sickened during transport, after reasonable effort is made to contact you. All veterinary charges are your responsibility, and there will be an increase in transport fees to administer medications.

1. FOOD AND WATER. You must provide food in a labeled container or in securely sealed bags with feeding instructions. Elliott's will provide clean drinking water, bedding, and treats unless otherwise specified.

1. TRANSPORT RESERVATIONS. Pet(s) can be scheduled for pickup through reservations on a specific date or during an estimated window. We make no guarantees about the actual length of transport or pick-up time, but we may provide services 24/7. Elliott's will make every attempt to reasonably notify you if your pet(s) was not picked up or if our estimated time for pick-up or delivery changes. If we cannot contact you or a responsible party, a daily fee may be charged for care and boarding of your pet(s). The party ordering transport may be responsible for these charges. Because of lengthy scheduling coordination and heavy advance booking, please afford reasonable time (21 days or so) when cancelling. We may refund your booking fee, forfeit your fee, or allow you to reschedule If cancelled early enough.

1. INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA). All animals travelling by flight must be contained in an approved crate and be able to sit, stand, lie down without curing their front feet, turn around, and have 3 inches above the head when standing.

1. LANDLORD AND TENANT PET AGREEMENT. Where Tenant has completed a Pet Application Form and is granted permission by Landlord to keep your pet(s) temporarily under the following terms and conditions. No pet(s) may be permitted on Tenant's property without the Landlord's prior written consent.

1. PET CONTROL. Tenants are solely responsible for the temporary maintenance of your pet(s), and agree to keep your pet(s) under control at all times. Tenant may agree to:

1. Keep your pet(s) restrained, but not tethered, when it is outside the dwelling. Pet(s) will be allowed outside only under complete control of a responsible human companion and on a hand-held leash or in a pet carrier.

2. Adhere to local ordinances, including leash and licensing requirements.

3. Not to leave your pet(s) unattended for unreasonable periods of time.

4. Clean up after your pet(s) and dispose of your pet(s)' waste properly and quickly.

5. Not to leave food or water for your pet(s) or any other animal outside their dwelling where it may attract other animals.

6. Attach your pet(s) with an identification tag that your pet(s) will wear at all times while on the premises.

7. Provide adequate and regular veterinary care, ample food and water, and will diligently maintain cleanliness of litter boxes as well as pet sleeping and feeding areas.

8. viii.Any animals on the property not registered under this agreement will be presumed to be strays and will be disposed of according to law, at the option of the Landlord

1. DAMAGE CONTROL. Tenant agrees to indemnify Landlord for any damages or liabilities caused to Landlord by reason of said pet(s). Landlord shall have the right to inspect the premises, and Tenant shall pay for all damages promptly. Tenant will remedy immediately any complaints made by other Tenants, Landlord, or reasonable third-party requests. Any damages to the exterior or interior caused by your pet(s) will be your full financial responsibility, and you must reimburse Tenant and agree to pay all costs involved in restoration to property's original condition. If said damage cannot be removed, then you hereby agree to pay the full expense of replacement.

1. INSURANCE. You and/or Elliott's may have to obtain Pet Insurance ("Insurance") through an available provider. Insurance can help cover the cost of veterinary care, emergency care, prescription medicines, and surgery; prevent euthanasia; and protect Pet Sitters, Walkers, Groomers, Kennels, Boarders, Pooper Scoopers, and veterinarians from liability. Elliott's will carry liability insurance relative to the Services. A copy of the insurance policy will be made available to you, and you must acknowledge your familiarity with it.

1. WHOLE AGREEMENT. The Service Contracts entered into by you and Elliott's are the sole and entire agreement between the parties with regard to the subject matter thereof, and the parties hereby waive the right to rely on any alleged express or implied provision not contained therein. Any alteration to Service Contracts must be in writing and signed by both parties.

1. LIMITED LICENSE

1. Subject to the terms of this Agreement, we grant you, during the term of this Agreement, a limited, non-exclusive, non-transferable, and revocable license to use and access the Services. You are welcome to link to our Website from your website or social media channels, provided that your website does not Imply any endorsement by or association with Elliott's, and provided that we may revoke this permission at any time in our sole discretion.

1. The information accessed through our Services is not intended for viewing or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation, or which would subject us to any registration requirement within any such jurisdiction or country. Accordingly, individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable

1. We retain the right to refuse any and all current or future use of the Services, for any reason and at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and/or refuse to provide access to or use of the Services to you if you breach any part of this Agreement, if we are unable to verify or authenticate any information you provide to us when using the Services, or if we believe that your actions are impermissible, inappropriate, or may create liability for us.

1. ACCOUNT

1. You will not be required to register to use our Services. However, you will be required to voluntarily provide the requested personal information about yourself and your pet(s) in order to use our Services. You will voluntarily provide information through an email template that opens once a link on the Website is clicked, the contents of which will be sent directly to Elliott Kelley's ("Founder") Gmail account, and then used to provide the Services.

1. When you voluntarily provide personal information about yourself and your pet(s), such information shall be governed by our PRIVACY POLICY. You must ensure that you affirmatively send the email template to Elliott's before Elliott's can provide the Services. You agree not to provide inaccurate or false Information, nor use the Services for an unauthorized purpose. You are solely responsible for maintaining the confidentiality of your information. However, you are not at all restricted from sharing your personal or pet(s) information with any third-party, including other users. You shall be responsible for the content of all personal and pet(s) information provided, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of our Services. We assume no liability for any unauthorized access to or disclosure of the information you provide. You are solely responsible for protecting the privacy of the Information you provide, and you agree to accept all responsibility for activities that occur using your Information.

1. By accessing and using our Services, you represent and warrant that

1. All information you submit is and will be true, accurate, current, and complete;

2. You have the legal capacity to agree to this Agreement and you agree to comply with this Agreement;

3. You are not under the age of 18 and you are not a minor in the jurisdiction in which you reside, or if you are under the age of 18 or are a minor, you have received parental permission to use the Services;

4. You will not access the Services through automated or non-human means, whether through a bot script or otherwise;

5. You will not use the Service for any Illegal or unauthorized purpose; and

6. Your use of the Services will not violate any applicable law or regulation

1. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of the Services, and refuse any and all current or future use of the Services (or any portion thereof).

1. We do not request feedback concerning the Services. Nonetheless, if you provide us with any feedback (including through any contact information available on the Website or on public forums) concerning the Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, copy, dispute, transmit, modify, and prepare derivative works from such feedback, in any format and/or through any media channels, including incorporating such feedback into the Services.

1. YOUR ACCESS OBLIGATIONS

1. You are not required to register with Elliott's in order to access and use the Services. Nonetheless, when you voluntarily provide Information without registering, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the email template accessed by a link provided on the Website. You must not provide false or misleading information about yourself, Including, but not limited to, your name and location. You must not provide false or misleading Information about your pet(s), including, but not limited to, its species, name, age, and physical characteristics. You may fill out one email template per pet(s) per requested service. Such information will be used to provide the Services. The information you provide about yourself and your pet(s) are governed by our PRIVACY POLICY.

1. DIGITAL SIGNATURE

1. By using the Services, or by clicking to accept this Agreement, you are deemed to have executed this Agreement electronically, effective on the date you access the Website or on the date you sent a completed email template to Elliott's, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. §7001, et seq.), and to electronically receive, and to electronically receive and access, via email or the Service, all records and notices for the Services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. Your email template disclosure and your further use of the Services constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments.

1. IDENTITY VERIFICATION

1. The information you provide to Elliott's through the Website's hyperlinked email template will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. Elliott's will employ 2-Step Verification to confirm your identity once a completed email template is sent to Elliott's by you. You authorize Elliott's directly, or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your address, email address, phone number, or financial accounts, subject to applicable law. When requested, you must provide us with further information about you to continue using the Services.

1. Although Elliott's may perform background checks of users of its Services, Elliott's cannot confirm that each user is who they claim to be, and therefore, Elliott's cannot and does not assume responsibility for the accuracy or reliability of identity or background check information, or any personal or pet(s) information provided through the Services.

1. MODIFICATION OF SERVICES

1. Elliott's reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Elliott's will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services.

1. GENERAL PRACTICES REGARDING USE AND STORAGE

1. You acknowledge that Elliott's may establish general practices and limits concerning your use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services, and the maximum storage space that will be allotted to Elliott's servers on your behalf.

1. You agree that Elliott's has no responsibility or liability for the deletion or failure to store any data or other content maintained by or uploaded through the Services, or sent within the hyperlinked email template directly to Elliott's. You acknowledge that Elliott's reserves the right to terminate Services to users who have provided false or inaccurate information, or those who are inactive and unresponsive for a reasonable period of time. You further acknowledge that Elliot's reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

1. COMPENSATION

1. You acknowledge and agree that a substantial portion of the compensation Elliott's receives is for performing its Services to you. Although Elliott's may not charge for initial email template provisions, it will charge for its Services individually or as a packaged deal including multiple requested services. Fees will also vary depending on the length or time for which the Services are requested, and the distance Elliott's must travel, including for pet transportation. Elliott's may charge for its Services on a per-pet basis or with a multiple pet package, further retaining the option of charging different amounts based on pet characteristics, including species, breed, age, health, or temperment.

1. Fees will be collected using Rover.com. By using the Services, you not only consent to this Agreement, but to any third-party agreements maintained by Rover.com.

1. CREDIT CARD AUTHORIZATION. You warrant and represent that your credit card on file with Elliott's, through Rover.com, is valid and in good standing. Such credit card information will be used to pay Elliott's. Should such credit card status change, you shall immediately notify Elliott's and provide a replacement credit card within twenty-four (24) hours. You authorize Elliott's to charge through Rover.com using the credit card information you have provided therein. Some fees must be paid through Rover.com at booking, with the remaining paid through Rover.com upon pick-up. You will be charged for, but not limited to:

1. All fees associated with Boarding, Sitting, or Transporting, including food and medicine

2. All other services, such as grooming

3. All voluntary or regular veterinary care and emergency veterinary care ordered for pet(s)

4. Any and all outstanding or unpaid balances

1. USER CONTENT TRANSMITTED THROUGH THE SERVICE

1. With respect to the content or other materials you upload through the Service, provide through the hyperlinked email template, or share with other users, recipients, or third-parties collectively ("User Content"), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Elliott's and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services, or the promotion, advertising, or marketing thereof.

1. If you provide any Content ("Content") to Elliott's and/or the Services, including reviews, comments, materials, information on forums or message boards, images, videos, audio files, newsletters, blogs, documents, or any other content , you grant us and our successors and assigns, unrestricted, unlimited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, copy, distribute, modify, and prepare derivative works of such Content for any purpose, commercial or otherwise. You also grant us the right to use your name, your pet(s)' name, and/or your or your pet(s)' photograph in connection with the submitted materials and other information, as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any propriety right in your communications to us. We have the right, in our sole and absolute discretion, to:

1. Edit, redact, or otherwise change the Content;

2. Re-categorize any Content to place them in more appropriate locations on the Website and/or Services; and

3. Pre-screen or delete any Content at any time and for any reason, without notice.

1. We have no obligation to monitor your Content

1. We do not guarantee any confidentiality with respect to Content, regardless of whether or not it is published. You are solely responsible for our own Content and the consequences of posting and/or publishing it. You represent and warrant that you own or have the necessary licenses, rights consents, and permissions to your Content, including the right to authorize use of the Content in the manner contemplated by the Services and this Agreement.

1. We neither endorse nor assume any liability for any Content. We generally do not pre-screen, monitor, or edit Content. However, we have the right at our sole discretion to remove any Content that, in our judgment, does not comply with this Agreement and any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of any Content, whether it is yours or another user's.

1. With respect to your Content, you hereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content does not and will not Infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, and/or moral rights of any third-party

2. You are the creator(s) and owner(s) of and/or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Website, the Services, and other users of the Website and Services to view your Content in any manner contemplated by the Website, the Services, and this Agreement

3. You have the written consent, release, and/or permission of each and every identifiable Individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Website, Services, and this Agreement

4. Your Content is not false, inaccurate, or misleading

5. Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);

6. Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone

7. Your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another

8. viii.Your Content does not violate any applicable law, regulation, or rule;

9. Your Content does not violate the privacy or publicity rights of any third-party;

10. Your Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;

11. Your Content does not violate any federal or state law concerning child pornography, or otherwise Intended to protect the health or well-being of minors;

12. Your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;

13. xiii.Your Content does not otherwise violate, or link to material that violates, an provision of this Agreement or those Terms, third-party or otherwise, or any applicable law or regulation

1. Any Information or Content provided by you to Elliott's or posted to the Website and/or Services by you is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content, or for any damages or losses you might suffer in connection with It. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to that Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users who access or use the Services and are not responsible for which users gain access to or use the Services. Any use of the Services In violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use and/or access our Services.

1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions") provided by you to Elliott's are non-confidential, and Elliott's will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

1. You acknowledge and agree that Elliott's may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. Comply with legal process, applicable laws, or government requests;

2. Enforce this Agreement;

3. Respond to claims that any Content violates the rights of third parties; and/or

4. Protect the rights, property, or personal safety of Elliott's, its users, and the public

1. You understand that the technical processing and transmission of the Services, including your Content and any information provided through the email template, may involve:

1. Transmissions over various networks; and/or

2. Changes to conform and adapt to technical requirements of connecting networks or devices

1. The Services may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities, and/or other messages or communication facilities ("Public Areas") that allow users to communicate with other users, and with Elliott's. You may only use such Public Areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the Services, you may not share your personal contact information with other users outside of within that specific feature included within the Services, but you may otherwise share information about your pet(s).

1. THIRD-PARTY MATERIALS

1. Under no circumstances will Elliott's be liable in any way for any content, services, or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any Content, or for any losses or damages of any kind incurred as a result of the use of or reliance upon any such Content. You acknowledge that Elliott's does not pre-screen content, but that Elliott's and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, Elliott's and its designees will have the right to remove any Content that violates this Agreement or is deemed by Elliott's, in its sole discretion, to be otherwise objectionable, fraudulent, or misrepresented. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content.

1. INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge and agree that the Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Elliott's, you agree not to copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content or Content (as defined above) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Elliott's from accessing or using the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or by using a proxy IP address). Any use of the Services or Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Elliott's, our affiliates, and our partners ("Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any other right in the Software, Services, and Service Content. Any rights not expressly granted herein are reserved to Elliott's.

1. Elliott's name and logos are trademarks and service marks of Elliott's (collectively "Elliott's Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Elliott's. Nothing In this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Elliott's Trademarks or third-party trademarks displayed on the Services, with or without prior written permission by the owner in each instance. All goodwill generated from the use of Elliott's Trademarks will inure to our exclusive benefit.

1. COUNTER-NOTICE

1. If you believe that your User Content or Content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use that content in your User Content or Content, you may send a written counter-notice containing the following information to the copyright agent of the copyright owner:

1. Your physical or electronic signature;

2. Identification of the User Content or Content which has been removed, or to which access has been disabled, and the location at which the User Content or Content appeared before it was removed or disabled;

3. A statement that you have a good faith belief that the User Content or Content was removed or disabled as a result of mistake or a misidentification of such User Content or Content; and

4. Your name, address, telephone number, and email address; a statement that you consent to the jurisdiction of the state court located within the Superior Court of Santa Clara or the federal court located within the United States District Court, Northern District of California; and a statement that you will accept service of process from the person who provided notification of the alleged infringement

1. If a counter-notice is received by the copyright agent, Elliott's will send a copy of the counter-notice to the original complaining party informing that it may replace the removed User Content or Content, or cease disabling It in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed User Content or Content may be replaced, or access to It restored, in 10 to 14 business days, or more, after receipt of the counter-notice, at our sole discretion

1. WORKER CLASSIFICATION AND WITHHOLDING

1. The Services are not an employment service, and Elliott's Is not an employer of any user. This Agreement shall not be construed to create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship among Elliott's and any users. All Service Contracts between users and Elliott's will be that of "independent contractor." Elliott's independent contractors shall have the entire charge, control, and supervision of the performance of the Services herein agreed upon.

1. PRE-ARBITRATION DISPUTE RESOLUTION

1. Elliott's Is always interested in resolving disputes amicably and efficiently, and most of your concerns can be resolved quickly and to your satisfaction by emailing customer support at [INSERT PHONE NUMBER HERE]. If such efforts prove unsuccessful, a party who Intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Elliott's shall be sent to [INSERT MAILING ADDRESS HERE]. The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If Elliott's and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Elliott's may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Elliott's or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Elliott's is owed or entitled.

1. ARBITRATION

1. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or that may arise between you and Elliott's, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Services, and any advertising and/or any aspect of the relationship or transaction between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims In small claims court If your claims qualify. Further, this Arbitration Agreement does not preclude, if the law allows, seeking relief against us on your behalf. You agree that, by entering into this Agreement, you and Elliott's are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

1. ARBITRATION CLAUSE

1. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL WITH LIMITED EXCEPTION REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION UNDER THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ELLIOTT'S ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. ARBITRATION PROCEDURES

1. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement.

1. For information on the AAA, please visit its website (www.adr.org). Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page (www.adr.org/consumer_arbitration). If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreements terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and/or Arbitration Agreement. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

1. Unless Elliott's and you agree otherwise, any arbitration hearing will take place in a reasonable convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination of the location shall be made by AAA. If your claim Is for $10,000 or less, Elliott's agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an In-person hearing as established by AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award Is based. The arbitrator's award shall be final, binding, and non-appealable, and judgment may be entered upon such award by any court of competent jurisdiction.

1. PROHIBITION OF CLASS AND REPRESENTATIVE ACTION AND NON-INDIVIDUALIZED RELIEF

1. YOU AND ELLIOTT'S AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ELLIOTT'S AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.

1. CONFIDENTIALITY

1. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties involved.

1. All such proceedings are confidential. Neither party shall disclose any Information about the evidence produced by the other party in the arbitration, except as may be demanded by government authority or otherwise required by state or federal law or the rules of a national securities exchange. Before making any disclosure permitted by the preceding sentence, a party shall give the other party reasonable advance notice of the intended disclosure and give the other party an opportunity to prevent disclosure.

1. SEVERABILITY

1. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum effect such that the remaining provisions of this Agreement will continue in full force and effect.

1. TERMINATION

1. You agree that Elliott's, in Its sole discretion, may suspend or terminate your access to or use of the Services (or any part thereof), and remove and/or discard any Content within the Services, for any reason, including without limitations, for lack of use or responsiveness, or if Elliott's believes that you have violated or acted Inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. Elliot's may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to or use of the Services under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that Elliott's may Immediately deactivate your access to or use of the Services, and delete and all related information and files in your account or the Services, and/or any further access to such files, information, or Services. You agree that Elliott's will not be liable to you or any third-party for any termination of your use of access to the Services, or deactivation or deletion of your information and files. If you provide any wrongful or misleading information about yourself or your pet, Elliott's may immediately terminate you’re access to or use of the Services, or any Services Contracts between you and Elliott's.

1. USER DISPUTE

1. You agree that you are solely responsible for your interactions with any other user of the Service in connection with the Services. Elliott's will have no liability or responsibility thereto. Elliott's reserves the right, but not the obligation, to become involved in any way with disputes between you and any other user(s) of the Services.

1. CONFLICT OF LAW

1. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Elliott's agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of Elliott's to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever waived. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of Elliott's, but Elliott's may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notice to you may be made via email or regular mail. The Services may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Services.

1. PROHIBITED ACTIVITIES

1. You may not access or use our Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

1. Circumvent, disable, or otherwise interfere with security-related features of the Website and/or the Services, including enforcing limitations on the use of the Website and/or the Services;

2. Engage in unauthorized framing of or linking to the Website or Services;

3. Trick, defraud, or mislead us to other users, especially in any attempt to learn sensitive account information;

4. Make improper use of our support services or submit false reports of abuse or misconduct;

5. Engage in any automated use of the system, Software, Website, or Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

6. Interfere with, disrupt, or create an undue burden on the Website and/or the Services or the networks or services connected to the Website and/or the Services;

7. Attempt to impersonate another user, person, or pet(s);

8. viii.Sell or otherwise transfer your profile;

9. Use any information obtained from the Website, Services, and/or Software, in order to harass, abuse, or harm another person;

10. Use the Website, Services, or Software as part of any effort to compete with us;

11. Decipher, decompile, disassemble, or reverse engineer any of the Software or Services comprising or in any way making up any part of the Website and/or the Services that is not already made public by us;

12. Attempt to bypass any measures of the Website, Services, or Software designed to prevent or restrict access to the Website, Software, or Services, or portion of the Website, Software, or Services

13. xiii.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;

14. xiv.Delete, or attempt to delete, the copyright or other propriety rights notice from any of our content;

15. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website, Software, or Services, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, operation, or maintenance of the Website, Software, or Services;

16. xvi.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics, interchange formats (“gifs”), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pems”);

17. xvii.Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, Software, or Services, or using or launching any unauthorized script or other software;

18. xviii.Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services, and use our Services in a manner inconsistent with any applicable laws or regulations.

1. ELIGIBILITY TO USE SERVICES

1. THE SERVICES ARE NOT AVIALABLE TO ANY PERSONS UNDER THE AGE OF 18 WITHOUT PARENTAL CONSENT. By using the Services, you affirm that:

1. You are at least 18 years of age If accessing the Services without parental consent;

2. Any information you provide to us Is accurate and truthful, and that you will maintain the accuracy of such;

3. You are legally permitted to use and access the Services and take full responsibility of your access, selection, and use of the Services;

4. Your use of the Services does not violate any applicable law or regulation; and

5. You will maintain accurate information with us

1. You will neither use the Services:

1. For any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose;

2. To create any virus, worm, Trojan horse, or harmful code;

3. For any illegal or unauthorized purpose;

4. To violate any federal, state, or local laws, including those such as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement; or

5. To alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network

1. YOUR RIGHTS AND RESPONSIBILITIES

1. You are responsible for providing accurate information to us about yourself and your pet(s), and to inform us promptly if and when that information changes. We are not responsible for incomplete and/or inaccurate information and the results of such. You agree that under no circumstances may you impersonate or otherwise represent that you are any individual or entity different from your actual identity. We will immediately ban any users who knowingly impersonate others.

1. OWNERSHIP

1. All right, title, and interest in and to the Services, and all materials, images, and text available on or through the Services or Website (including, without limitation, text, graphics, logos, button icons, Images, blog posts, audio clips, and software), are and will remain the exclusive property of Elliott's and of our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you any right to use Elliott's name or any of our trademarks, logos, domain names, software, and other distinctive brand features. You acknowledge that you receive no ownership, right, title, and/or interest in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks, and trade names, whether registered or unregistered and subsisting anywhere in the world), images, music, sound samplings, and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.

1. DMCA NOTICE

1. We respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe your copyrighted work has been copied, reproduced, or published in a way that constitutes copyright infringement and Is accessible via the Services, please notify [INSERT ADDRESS HERE]. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyright work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Services or Websites;

4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law;

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

1. This procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

1. In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit or terminate access to the Services for any users who infringe intellectual property rights of others.

1. CALIFORNIA RESIDENTS

1. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952 5210 or (916) 455 1254.

1. TERM AND TERMINATION

1. THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED WITHIN THIS AGREEMENT, OR ANY APPLICABLE LAW(S) OR REGULATION(S). WE MAY TERMINATE YOUR USE OF, ACCESS TO, OR PARTICIPATION IN THE WEBSITE AND/OR SERVICES, OR DELETE YOUR ACCOUNT AND ANY CONTENT AND/OR INFORMATION THAT YOU POSTED OR PROVIDED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

1. Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal and equitable remedies, including, but not limited to, termination of your ability to use and access the Services, and deletion of the personal and pet(s) information you provided. You agree that any termination of your use or access to the Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate your use or access to the Services, deactivate or delete all related information and material you provided, and/or bar any further disclosures or access to such information and/or to the Services. Further, you agree that we are not liable to you or any third-party for any termination of your use or access to the Services, or any deactivation or deletion of your information.

1. DISCLAIMER

1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDEING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT, SERVICES, NOR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO OUR WEBSITE AND SERVICES. WE WILL ASSUME NO RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGES, INCLUDING TO PETS, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND PET INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, SERVICES, OR BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SERVICES POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR SERVICES.

1. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, OR CONTENT ADVERTISED BY OR OFFERED BY A THIRD-PARTY THROUGH, BUT NOT LIMITED TO, THE SERVICES, THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR SERVICE FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS, SERVICES, OR CONTENT. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR THROUGH ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

1. PARTICULARLY, WE MAKE NO GUARANTEES AS TO THE ACCURACY OF THE INFORMATION ON OUR WEBSITE OR SERVICES. THE INFORMATION GLEANED THROUGH OUR SERVICES SHOULD NOT BE RELIED UPON, AND YOU SHOULD ALWAYS CONDUCT YOUR OWN INDEPENDENT INVESTIGATIONS OF ANYTHING FEATURED ON OUR SERVICES AND/OR WEBSITE.

1. WE TAKE NO RESPONSIBILITY FOR THE EVENTS OR SERVICES THAT WE RECOMMEND OR FEATURE ON OUR SERVICES AND/OR WEBSITE. ANY EVENT OR SERVICES THAT YOU USE OR ATTEND AS A RESULT OF YOUR USE OF OUR SERVICES AND/OR WEBSITE IS ENTIRELY AT YOUR OWN RISK.

1. ELLIOTT'S IS NOT RESPONSIBLE FOR WITHHOLDING, COLLECTION, AND/OR PAYMENT OF ANY DIRECT OR INDIRECT TAXES, DUTIES, AND/OR LEVIES ON ANY TRANSACTIONS UNDERTAKEN AMONG THE USERS THROUGH THE SERVICES, INCLUDING BETWEEN ELLIOTT'S AND USERS, BETWEEN USER(S), AND BETWEEN ANY USERS AND ANY THIRD PARTIES. FURTHER, USERS ARE SOLELY RESPONSIBLE FOR MAKING THE REQUIRED FILINGS AND REPORTING SUCH TRANSACTIONS WITH APPROPRIATE AUTHORITIES. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL, AND ACCOUNTING ADVISORS BEFORE ENGAGING IN ANY TRANSACTIONS THROUGH OUR SERVICES.

1. LIMITATIONS OF LIABILITY

1. IN NO EVENT WILL WE, OR OUR DIRECTORS, EMPLOYEES, OFFICERS, OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDEING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY PRODUCTS OR SERVICES PURCHASED BY YOU DIRECTLY FROM US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW.

1. To the maximum extent under California law, you unconditionally, fully, and finally release Elliott's and its successors, assigns, invitees, lessors, affiliates, members, managing members, officers, directors, independent contractors, present and former agents and employee, customers, clients, owners, subsidiaries, beneficiaries (hereinafter, collectively "Releasees")  from and against any and all losses, liabilities, damages (compensatory, consequential, special, and punitive), demands, actions, claims, lawsuits, fines, costs, expenses (including, but not limited to, attorney's fees and costs in courts of all levels and any veterinary costs and expenses for pet(s)), whether known or unknown, foreseen or unforeseen, whether advised of or not, from the beginning of time to the present arising from or related in any way to any services or actions performed by Releasees (arising out of or related to this agreement, including, but not limited to, any negligence of the Releasees) which caused and/or contributed to any Injury, damages, or death of the pet(s) while under the care of the Releasees.

1. FORCE MAJEURE.

1. Neither party will be liable for any failure or delay in an obligation under this Agreement that is due to any of the following causes, (which causes are hereinafter referred to as "Force Majeure"), to the extent beyond its reasonable control: acts of God, accidents, riots, war, terrorist act, epidemic, pandemic (including the COVID-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not Include: (a) financial distress, nor the inability of either party to make a profit or avoid a financial loss; (b) changes in market prices or conditions; or (c) party's financial inability to perform its obligations hereunder.

1. INDEMNIFICATION

1. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Elliott's and its employees, officers, agents, or other partners, from and against any third-party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature including physical, equitable, or monetary harm, or civil or criminal claims arising out of your: (1) Content; (2) use of the Website and/or Service; (3) breach of this Agreement; (4) any breach of your representations and warranties as set forth in this Agreement; (5) your violation of the rights of a third-party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your sole expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your sole expense, with our defense of such claims. We shall use good faith efforts to provide you with written notice of such claim, suit, or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

1. As consideration for the Services, you shall indemnify, defend, and hold Elliott's and its Releasees harmless from and against any and all losses, liabilities, damages, demands, actions, claims, lawsuits, fines, costs, expenses (including, but not limited to, attorney's fees and costs in courts of all levels and any veterinary costs and expenses for pet(s), whether known or unknown, foreseen or unforeseen, whether advised of or not, and from the beginning of time to the present arising from or related in any way to:

1. Any services or actions performed by the Releasees (arising out of or related to any Services Contract), including any negligence of Releasees;

2. Any acts or behavior of pet(s) while in the care of Releasees, including, but not limited to, any injury, damage, or death to the employees, agents, clients, the general public, any other animals, and/or real and personal property.

3. You agree to indemnify and hold harmless Elliott's, and its Releasees from any and all claims arising from either party's willful or negligent conduct.

4. You shall indemnify and hold harmless Elliott's and its Releasees from any claim or loss resulting from damages during transportation.

1. SERVICE AND WEBSITE MANAGEMENT

1. We reserve the right, but not the obligation, to:

1. Monitor the Services and Website for violations of this Agreement;

2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement including, without limitation, reporting such User to law enforcement authorities;

3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof, or to the Services;

4. In our sole discretion and without limitations, notice, or liability, to remove the Website and/or Services, or otherwise disable all files and content excessive in size or which are in any way burdensome to our systems, and otherwise manage the Website and Services in a manner designed to protect our rights and property, and to facilitate the proper functioning of the Services.

1. WAIVER. No relaxation, indulgence, waiver, or release by any party of any of the rights included in this Agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of these terms.

1. GENERAL PROVISIONS

1. When you provide information to us via our Services, Website, and/or hyperlinked email template, you are communicating with us, Elliott's, electronically. By providing information on our Website, Services, and/or email template, you consent to receiving communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

1. If any provision of this Agreement is unenforceable, that provision will be changed and interrupted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

1. If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under the laws applying to you.

1. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions

1. This Agreement, together with our PRIVACY POLICY available at [INSERT LINK HERE], constitutes the entire agreement between you and us, and governs your use of the Services, superseding any prior agreements or contemporaneous agreements between you and us. Please review our PRIVACY POLICY carefully.

1. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Agreement, at any time and without notice. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, you are required to stop using the Services.