Terms of service

Effective Date: 2/17/2025

Last Updated: 2/11/2025

I.              Introduction

The following Terms of Service (the "Terms") constitute a binding agreement between you and CityPup. These Terms set forth conditions regarding your access to and use of the CityPup platform and any other services offered as part of the CityPup Services (the "Services"). 

By accessing or using the Services in any manner, including but not limited to visiting or browsing CityPup’s website or contributing content or other materials to the Services, you agree to be bound by these Terms. 

Our Privacy Policy discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully. 

CITYPUP HAS NO LIABILITY FOR ANY CLAIMS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS OR THEIR DOGS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

II.           Modification

 CityPup reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you accept and agree to be bound by any modified Terms. 

The Services are intended solely for persons who are at least 18 years old. By using the Services you are confirming that you are at least 18 years old. If you are not 18 or older, you may not use the Services. Additionally, you confirm that your dog has received all vaccinations required by law in your jurisdiction.

III.         Nature of Services

CityPup does not provide Pet Care Services. CityPup is a neutral venue for Pet Owners. CityPup is not a Pet Owner and, except for resources and support specifically described in the CityPup Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Pet Owners (“Pet Care Services”), or about your interactions and dealings with users. Pet Owners listed on CityPup are not under the direction or control of CityPup, and Pet Owners determine in their own discretion how to provide Pet Care Services. Though we provide general guidance on our Site to Pet Owners about safety and pet care and to Pet Owners about selecting and engaging others, CityPup does not employ, recommend, or endorse Pet Owners, and, to the maximum extent permitted by applicable law, will not be responsible or liable for the performance or conduct of Pet Owners, whether online or offline.  

IV.          Acceptable Use

CityPup hereby grants you permission to use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations where you agree not to use the Services: 

  • In any way that violates any applicable federal, state, local, or international law or regulation. 

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Community Guidelines. 

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. 

  • To impersonate or attempt to impersonate CityPup, a CityPup employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or may harm the owners and operators of the Services.  

 Additionally, you agree not to: 

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.  

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. 

  • Access the Services without authorization or exceed authorized access in the transmission of programs, information, or code that damages the Services.   

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.  

  • Otherwise attempt to interfere with the proper working of the Website. 

    

You must sign up for the Services with your name, email address, phone number, city, zip code, and age. You must provide information for yourself, not another person with the intent to impersonate that person. Only you may use your account and you may not transfer your account to anyone else.  

You may only use the Services for personal use. All information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

V.  Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (together, the “Content”) are owned by CityPup, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CityPup or its licensors, except for the licenses and rights expressly granted in these Terms. 

VI.                    Copyright and Trademark Infringements

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Store infringe your copyright, you may request removal of those materials (or access to them) from the Store by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: 

·      Your physical or electronic signature. 

·      Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. 

·      Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 

·      Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 

·      A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 

·      A statement that the information in the written notice is accurate. 

·      A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  

Our designated copyright agent to receive DMCA Notices is:   

[[FIRST AND LAST NAME OF AGENT]] 
[[NAME OF AGENT'S ORGANIZATION]] 
[[PHYSICAL MAIL ADDRESS OF AGENT]] 
[[TELEPHONE NUMBER OF AGENT]] 
[[EMAIL ADDRESS OF AGENT FOR THIS PURPOSE]] 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 

 

VII.       Counter Notice

If you believe that material you posted on the Store was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially include the following: 

·      Your physical or electronic signature. 

·      An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.  

·      Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 

·      A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 

·      A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

VIII.    Termination and Monitoring

CityPup has the right to:  

  • Remove any users for any reason in our sole discretion.  

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including our Content Standards, infringes any intellectual property other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Services. 

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

  • Terminate or suspend your access to all or part of the Services for any reason, including violations of these Terms, violation of any applicable laws, or to protect the safety or property of other users, the Services, or third parties.  

Upon receipt of your request to delete your information, and except as set forth below, we will remove your information within a reasonable time period. Please note that any information you have submitted to publicly accessible areas may not be removeable.

IX.          Third Party Services

Our Services uses GroupMe to facilitate communication between dog owners.

By using the Services, CityPup  may provide you with access to GroupMe or other third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that CityPup does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. CityPup does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. CityPup disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against CityPup with respect to the content or operation of any such third-party websites and services. 

X.  Warranties  

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE PLATFORFM AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND CITYPUP, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. CITYPUP ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER MALWARE WILL BE TRANSMITTED THROUGH THE SERVICES. 

Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

XI.                    Limitation of Liability  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE. 

XII.       Indemnification  

To the fullest extent allowed by applicable law, you agree to indemnify and hold CityPup, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.   

XIII.    Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CityPup (a) via email (in each case to the address that you provide) or (b) by posting to the website. 

XIV.     No Waiver  

No waiver by CityPup of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CityPup to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

XV.       Assignment  

You may not assign or transfer these Terms, by operation of law or otherwise, without CityPup‘s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. CityPup may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. 

XVI.      Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

XVII.  Governing Law  

These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States. Any action in relation to the use of these services or alleging breach of these Terms must be brought in a state or federal court in Suffolk County, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. 

XVIII.             Entire Agreement

These Terms constitute the entire agreement between you and CityPup regarding your use of the Services, and supersede all prior written or oral agreements.  

XIX.     Contact Us

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that CityPup has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in any changes made to the Services. If you have any questions about the Services, please do not hesitate to contact us at Team@citypupclub.com.