Terms & Conditions
You may have the right to use our platform only in strict compliance with the following terms and conditions and your failure to comply may result in your termination as a User.
- You are not permitted to use the platform in any manner that could result in damage to our system, disable or overburden our network or interfere/interrupt any other user’s ability to use the platform.
- You may not attempt to gain access to our platform using any username other than the one obtained by You. You may not, and shall not assist others in accessing our platform for any purpose other than for the strict purposes intended.
- You may not seek to use our platform to promote any business, venture or other activity without first obtaining our prior written permission, which may be withheld for any reason and no reason.
Term and Termination.
These TOU will remain in full force and effect as long as You are a User. They apply to anything You do through/on the Fresh Paws NJ Web site, this includes, but is not limited to, posting photos of you and your pet, requesting services, providing services, providing products, buying products, sharing your story, and any blogging or posting that You do through our Website respectively. We have the right to investigate any allegations that You have violated these TOU, and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, terminating your User status, pursuing legal action against You and reporting your conduct to the appropriate legal authorities. Subject to your compliance with these TOU, you have a non-exclusive, revocable and non-transferable right to access and use this website and/or mobile phone application consistent with these TOU. Your use of the content, information and related materials that are made available to you by Fresh Paws NJ pursuant to these TOU is subject to your compliance with these TOU. Your right to use the service is expressly subject to Your compliance with these TOU, which is revocable and non-transferrable, and may be terminated by us for any reason outlined in these TOU or any other reason that we determine in our sole reasonable discretion.
If the Groomer arrives at your location and the pet is seen as non-groomable or is hiding, you will be fully charged for the appointment due to the groomer’s travel expenses and loss of time in which they could have scheduled another appointment.
If you are a Pet Owner, You agree that:
- You and your pet will be at the designated location at the designated time ready for the Groomer to provide his/her services and your pet will be calm and ready for grooming.
- You will have prepared the designated location for the groomer, by ensuring that there are the following items ready for the use of the groomer:
- Clean Towel(s);
- Sink with hot and cold water;
- Space for the groomer to place a table, upon which he/she will groom the pet, free of debris and/or clutter;
- An electrical outlet and electricity, with sufficient capacity for a hair dryer;
- A waste receptacle for the groomer to dispose of the pet clippings when the work is completed; and
- Any other item reasonable and necessary for the groomer to perform the services requested by the Pet Owner.
While we will always do what is safest for your pet, the removal of mats is a time consuming and sometimes dangerous process. If your pet is severely matted, we may be unable to save their coat without causing harm or discomfort. Therefore, customers who use our dematting service must give their consent to Fresh Paws NJ For Pets LLC to remove (shave down or spot shave) their pet’s coat if necessary.
By agreeing, you release Fresh Paws NJ for Pets LLC from any and all liability for any skin conditions that might be revealed by the removal of the matted coat. You must understand that such pre-existing conditions are not the responsibility of Fresh Paws NJ for Pets LLC. Revealed medical conditions may require veterinary care and you will assume financial responsibility of any such expense.
If a pet’s coat becomes heavily matted and your pet requires de-matting or shaving, a fee of $30 will be applied. De-matting or shaving a matted pet is a very delicate process and must be done slowly and carefully to ensure your pet’s skin is not injured during the process. Sometimes if a pet is severely matted, it may experience skin irritation after the groom. Shaving off heavy matting can also possibly expose pre-existing skin conditions. Tight matting on a pet’s ears can cut off blood flow. When the ear is then shaved, blood will rush into the ear and can sometimes cause a hematoma. Your groomer cannot be held liable for any of the aforementioned issues. Dogs’ ear leather is very thin and delicate. Due to this, if a pet’s ears are matted it will result in shaving as the risk of injury from de-matting is too high. If you have questions, please let your groomer know and we will be happy to explain the de-matting and shaving process in greater detail as well as how matting can negatively affect the health of your dog’s skin and coat.
If fleas are found on a pet during the groom, they will receive a mandatory flea shampoo treatment at the owner’s expense. This practice prevents our facility from flea infestations and the spread of fleas to non-infested pets. Our flea shampoos are all natural and chemical-free.
Safety of the pet & groomer is our top priority however there is a chance of either getting harmed. Should your pet display aggressive behavior towards our groomers, we will make all attempts to finish grooming your pet to the best of our ability. However, you should take into consideration that grooming a pet with aggressive behavior may not have the same quality as a pet with better cooperation.
Length of Appointment
Completion times of services generally depend on the type of service rendered as well as the breed and size of a client’s pet. Small dog grooming appointments can take from 1-2 hours. A large dog will be from 1.5-2 hours. Bath services range anywhere from 1-3 hour appointments. Multi-pet appointments will add 1-3 hours to the length of your pets’ appointment. Your groomer will give you a best estimate at the start of your appointment. Completion times are not a guarantee, only an estimate. Your groomer will call or text to confirm a pick up time. Coming in before your confirmed pick up time may end up in an uncompleted groom if your pet becomes too excited to finish safely.
Ownership of Content.
We own all proprietary rights in the Service and the Website, including, without limitation, all trademark rights in Fresh Paws NJ name and logo, all patent rights in the Service, and all copyright and other rights in the content that we display or post on the Website (“Content”). You may not copy, publish, transmit, distribute copies of, perform, display, or modify any Content except as is necessary to use the Service.
You will indemnify Fresh Paws NJ and its subsidiaries, affiliates, officers, agents, and other partners and employees (the “Fresh Paws NJ Parties”) and hold them harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the IDNID Service, including, without limitation, any claim arising from your breach of any of these TOU and/or any breach of your representations and warranties set forth above.
DISCLAIMER OF WARRANTIES.
- Fresh Paws NJ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION OR YOUR USE OF THE Fresh Paws NJ WEBSITE OR APP, INCLUDING, WITHOUT LIMITATION:
- THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Fresh Paws NJ EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE Fresh Paws NJ SERVICE WILL ALWAYS BE AVAILABLE OR THAT IT WILL OPERATE ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR (i)) ANY INTERRUPTIONS TO THE AVAILABILITY OF THE SERVICE, WHETHER SUCH INTERRUPTIONS ARE DUE TO INTERNET EVENTS BEYOND Fresh Paws NJ’S CONTROL, TO PROBLEMS WITH THE Fresh Paws NJ SERVERS, OR TO PROBLEMS WITH YOUR COMPUTER OR YOUR INTERNET CONNECTION, AND (ii) ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY HARM YOUR COMPUTER AS A RESULT OF YOUR INTERACTION WITH THE Fresh Paws NJ SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Fresh Paws NJ BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IDNID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Fresh Paws NJ SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Fresh Paws NJ SERVICE OR THE WEBSITE; ARISE FROM THE SERVICES PROVIDED BY A GROOMER OR ACTIONS BY A PET OWNER, INABILITY TO USE THE Fresh Paws NJ SERVICE OR THE WEBSITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Fresh Paws NJ SERVICE OR THE WEBSITE; ACTIONS TAKEN OR STATEMENTS MADE, BY A GROOMER OR PET OWNER OR BY ANY THIRD PARTY WHOM YOU MAY MEET OR WITH WHOM YOU MAY COMMUNICATE AS A RESULT OF USING THE Fresh Paws NJ SERVICE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Fresh Paws NJ SERVICE OR THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to You.
Governing Law, Jurisdiction, Time Limit on Claims.
If you have any dispute with us, the
dispute will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of Yonkers. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Fresh Paws NJ Service or the TOU must be filed by You within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any dispute or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively “Disputes”)will be settled by binding arbitration between You and Fresh Paws NJ, except that each party retains the right to bring an action in small claims court and the righto seek injunction to prevent actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. You acknowledge and agree you are waiving your right to trial by jury. Any arbitration shall be in Yonkers, NY using the American Arbitration Association commercial arbitration rules using a single arbitrator to be selected by Fresh Paws NJ. The parties shall equally share the expenses associated with such Arbitration.
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.