We reserve the right, at our discretion, to modify these Terms. We will inform you regarding any modifications by either notifying you via your designated email address or by posting the changes on the Site. The modifications will become effective ten (10) days following whichever form of notification occurs first and will apply to causes of action arising after the effective date of the change.
1. Your Acceptance.
2. Ability to Accept Terms.
2.1. Age. The Site is not intended for children under the age of 13 years (the “Required Age“). By using the Site you affirm that you are over the Required Age. If you are between the age of 13 years and 18 years, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them. If it comes to Walkies’s attention through reliable means that a registered user is under the Required Age, Walkies, Inc. may, to the extent applicable, cancel that user’s Account (as defined below) and/or access to the Site.
2.2. Territory. The Site and Services (defined below) are currently only intended for use in Chicago, IL, USA.
3. Access to the Site.
3.1. We grant you a limited license to access and use the Site in accordance with, and subject to, these Terms and any instructions and guidelines posted on the Site. We reserve the right to terminate your access to and use of the Site at any time and for any reason. Walkies reserves all rights not expressly granted in and to the Site.
3.3. In order to access some of the services offered by the Site (“Services“), including the Pet Caretaking Service (defined below), you are required to create an account (“Account“) by completing an online registration form or by importing certain details from your Facebook account or your account with another third party social network website that we designate on our Site. You may never use another person’s account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Walkies immediately of any breach of security or unauthorized use of your Account. You will be liable for any use made of your Account or password and the losses of Walkies or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your Account. Walkies reserves the right to choose, in its sole discretion, whether to accept your creation of an Account.
3.4. Walkies, in its sole discretion, has the right at any time, for any reason, to terminate your access to the Site with immediate effect.
4. Pet Caretaking Service.
4.1. General. Walkies offers a pet caretaking service (“Pet Caretaking Service“) whereby Seekers (defined below) may, at any time, use the Site to quickly, effectively and inexpensively request and obtain the services of a Pet Caretaker (defined below). “Seeker” means any Site user that participates in the Pet Caretaking Service to request and/or obtain the services of a Pet Caretaker. “Pet Caretaker” means any registered Site user that participates in the Pet Caretaking Service and responds to and/or provides pet caretaking services to Seekers.
4.2. Pet Care. Types of Pet caretaking Services. The following are the types of Walks (as defined below) offered by Walkies through its Dog Walking Service: (i) Regularly Scheduled Walks (“Regularly Scheduled Walk”) – these are Walks that have been determined ahead of time by Seeker and Walkies and which take place on a regular basis at regular intervals; (ii) Specific Scheduled Dog Walk (“Specific Scheduled Walk”) – a single Walk, or multiple Walks, which are determined ahead of time by Seeker and Walkies and that are scheduled to take place on specific dates, but which do not take place at regular intervals or on an ongoing basis. (A Regularly Scheduled Walk, Specific Scheduled Walk, each referred to as a “Walk” and collectively as “Walk(s)”).
4.3 Ownership; Number of Dogs. Seeker may only receive Dog Walking Services with respect to Seekers own dogs and may not request Dog Walking Services for a dog not owned by Seeker. When a Seeker makes his request for a Walk, the Seeker may indicate that an additional dog be added for the Walk. Such option is available to Seekers for all types of Walks, at point of request of Walk.
4.4 Pre-Walk Selection. Before a Regularly Scheduled Walk or a Specified Scheduled Walk (but not before a Last Minute walk) a Seeker is entitled to a face to face interview and meeting with the Walkies Dog Walker that is scheduled to perform the Dog Walking Services for Seeker, at no extra charge. In the event that the Seeker does not wish to receive Dog Walking Services from the Walkies Dog Walker the Seeker interviewed, than Seeker shall be entitled to conduct further face to face interviews with other Walkies Dog Walkers in order to select a Walkies Dog Walker. Seeker may request, at any time, that Walkies change the identity of the Walkies Dog Walker providing Dog Walking Services, and Walkies shall make commercially reasonable efforts to comply with such request, however, until such time as a suitable replacement shall have been agreed upon, Walkies shall have the right to send a replacement Walkies Dog Walker of its choice. Notwithstanding the foregoing, Walkies shall have the right to replace a Walkies Dog Walker at any time with another Walkies Dog Walker as needed in accordance with its sole discretion.
4.5 Payment.Rates. Current rates for Walks are as follows: (i) for a Walk Duration of 30 minutes: $20; (ii) for a Walk Duration of 60 minutes:$30 and (iii) for each additional dog for any Walk of any duration: $5(up to a maximum of an additional 4 dogs).
4.6 Payment Methods. (i) For a Regularly Scheduled Walk, the credit card of the Seeker shall be charged on a weekly basis at the end of each week. (ii) For a Specified Scheduled Walk and/or a Last Minute Walk, the credit card of the Seeker shall be charged after each successful completion of the Walk Duration of a given Specified Scheduled Walk and/or Last Minute Walk, as applicable.
4.7 Cancellation. Seeker may cancel a scheduled Walk with no less than 24 hours prior notice to Walkies, which shall be submitted to the following email address:firstname.lastname@example.org. A fee for cancellation will be charged.
4.8 Relationship of the Parties.The Seeker has no direct contractual relationship with any Pet Caretaker engaged by Walkies to perform the services for Seeker. There shall be no employer-employee relationship between the Seeker and the Pet Caretaker and/or between the Seeker and Walkies.
4.9 Representations and Warranties of the Seeker. Seeker represents and warrants the following with respect to the dog in connection with which Seeker is participating in the Dog Walking Services: (a) Seeker is the lawful owner of the dog; (b) the dog poses no threat to the health or property any third party, including but not limited to, any dog walker, officer or employee of Walkies and (c) the dog is not currently suffering from any illness and has received any and all vaccinations required in accordance with applicable law.
4.10 Covenants of the Seeker. Seeker agrees as follows that: (a) DURING THE COURSE OF PET CARETAKING SERVICES AND FOR A PERIOD OF TWELVE (12) MONTHS THEREAFTER, SEEKER SHALL BE ABSOLUTELY PROHIBITED FROM ENGAGING ANY DOG WALKER DIRECTLY AND NOT BY MEANS OF WALKIES DOG WALKING SERVICES, FOR THE PURPOSES OF DOG WALKING OR ANY SIMILAR SERVICES. SEEKER AGREES TO A PREDETERMINED SUM OF LIQUIDATED DAMAGES FOR ANY INSTANCE IN WHICH A WALKIES PET CARETAKER HAS BEEN ENGAGED BY SEEKER IN BREACH OF THIS SECTION IN THE SUM OF $1,000; (b) Seeker shall not make any payment directly to a Pet Caretaker with respect to the Pet Caretaking Services; (c) Seeker shall not, regardless of the identity of any Pet Caretaker, and regardless of any pre-existing relationship (familial or otherwise) between Seeker and the Pet Caretaker, engage a Walkies Dog Walker directly; (d) Seeker shall not refer a Pet Caretaker to a third party in person to any of his friends for the provision of Pet Caretaking Services or any similar services; (d) Seeker shall comply with all applicable laws with respect to the Pet Caretaking Services in general, and with respect to any Pet Caretaker with which Seeker comes into contact, in particular (and shall under no circumstances engage in any threatening and/or violent or otherwise unlawful behavior with respect to any Pet Caretaker); (e) Seeker undertakes to abide by all applicable Federal and State laws incumbent upon Seeker in Seeker’s capacity as a dog owner; (f) Seeker undertakes to obtain all necessary pet owners licenses and to place a license tag on the collar of the pet in connection with which Seeker is participating in Dog Walking Services; (h) Seeker undertakes to warn Dog Walker and/or Walkies representatives, as applicable, (i) if Seeker’s dog poses any threat to any individual, including the Pet Caretaker (ii) if the Seeker’s dog exhibits aggressive, loud and/or threatening behavior.
4.11. Refunds and Complaints. (i) A Seeker may, and is encouraged to, submit all queries, comments and complaints pertaining to any Pet Caretaker to the attention of Walkies at the following email: email@example.com. For clarity, the lodging of a complaint in accordance with this Section shall in no way relieve seeker from his obligation to pay for Pet Caretaking Services rendered by Walkies. However, Walkies may consider, in accordance with its sole discretion, the granting of a refund for Pet Caretaking Services as a result of a complaint, in accordance with Walkies’s sole discretion on a case-by-case basis.(ii) If a Seeker notifies Walkies via email at firstname.lastname@example.org within 48 hours of the time that the Individual Walk was supposed to occur, that such Walk did not to occur, then the Seeker shall be entitled to receive a full refund of the related fee, unless Walkies determines that there is no basis for Seeker’s claim. Failure to notify Walkies within  hours as specified above shall be deemed as Seeker confirmation that the Individual Walk occurred.
4.12. Insurance. Walkies holds insurance coverage through Business Insurers of the Carolinas which offers coverage for the pets, the property of the Seeker from which the pet is collected or to which it is returned, and also, for damages caused by pet itself (for further details please see (www.business-insurers.com/). Walkies is not affiliated with the foregoing insurance company, and assumes no responsibility for the practices of any such insurance company.
4.13. Disclaimer. Walkies disclaims all responsibility and liability for any conduct of a Pet Caretaker or Seeker in connection with the Pet Caretaking Service. If you are participating in the Pet Caretaking Service, then you are choosing to do so voluntarily and at your sole risk and you hereby release Walkies from any claims that you may have in connection with your participation in the Pet Caretaking Service.
4.14. Alert Services. (ii) By using the Dog Walking Service, you explicitly agree that we may communicate with you by email, SMS text or other electronic means.
4.15. Coupons. The Site may also offer, from time to time, certain discounts or promotions in connection with the Pet Caretaking Service (“Coupons“). Any purchase or use of a Coupon is subject to these Terms and also any additional terms and conditions that are displayed on the Site or the Coupon itself (in the event of any conflict between these Terms or the terms and conditions that appear on the Coupon itself, these Terms shall prevail). The Coupon expiration date will be as stated on the Coupon, or as required by applicable law. You are not entitled to any cash value for the amount of the Coupon. If you redeem a Coupon for less than its face value, then you will not be entitled to receive any cash back credit or credit for the difference between the face value and the amount redeemed. Individual Coupons may not be combined with any other vouchers, coupons, or promotions unless otherwise stated on the Coupon itself.
4.16. Updates and Changes to Services. Walkies, in its sole and absolute discretion, may update, change, restrict, modify, and/or cancel any of the Services or any portion thereof at any time, for any or no reason, without any liability whatsoever.
The Seeker acknowledges and agrees (i) that we (or one of our service providers) may charge your credit card for each Transaction you enter into (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes, as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for yourself; (iii) that we may use the tools, software or services of third party service providers to process transactions on our behalf; (iv) except as expressly set forth herein, all purchases are final and non-cancellable or non-refundable; and (v) if payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due to us upon demand.
5. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Walkies. Content on the Site is provided for your “AS IS” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Walkies’s prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. “Walkies”, and the Walkies logo are Marks of Walkies, Inc. or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
6. User Submissions.
6.1. The Site permits the submission of content by you and other users via the Site and the Pet Caretaking Service (“User Submissions”) and the hosting, sharing and publishing of such User Submissions. You understand that when submitting your User Submissions on the Site’s public areas, whether or not such User Submissions are published, Walkies does not guarantee any confidentiality with respect to any such User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, transmitting or publishing them. You acknowledge that Walkies does not pre-screen User Submissions but that Walkies reserves the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site or via the Walkies Service (including User Submission) at any time and for any reason. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Walkies to use all the Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
6.3. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person (including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card); (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, misleading, inaccurate, discriminatory, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense or a tort, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent.
6.4. If your User Submission contains the contact information or any personally identifiable information of any third party (for example in connection with providing the contact details for a reference), you hereby expressly represent and warrant that you have obtained the consent of said third party to include their contact information or personally identifiable information in your User Submission and that the third party is aware that they may be contacted as a result.
6.5. You may receive User Submissions via the Alert Service that include the contact information of a specific Site user (“Contact Information“) that responded to a User Submission that you posted on the Site via the Pet Caretaking Service. You may only use such Contact Information for the sole purpose of contacting that user in direct connection with his or her response to your User Submission, and you may not disclose or transfer such Contact Information to any third party (“Permitted Use“).
6.6. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Walkies is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Walkies with respect thereto, and agree to indemnify and hold Walkies, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site and its Services.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Walkies, its users or the public. This section shall survive any termination of these Terms.
The Site may display advertisements not operated by Walkies. The existence of an advertisement shall not be construed as an endorsement by Walkies of the advertisement or its content.
9. Links to Third Party Websites.
10. Information Description.
Walkies endeavors to be as accurate as possible. However, Walkies cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Walkies reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk.
11. Copyright and Content Policy.
11.1. It is the policy of Walkies to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Walkies has designated a Copyright Agent to receive notifications of claimed copyright infringement on its Site. Please be advised that we enforce a policy which provides for the termination of Account access in the case of Site subscribers who are infringers.
11.2. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Walkies’s Copyright Agent with the following information in accordance with the DMCA:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Walkies’s Site, with enough detail so that we are able to find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. Walkies’s agent for notice of claims of copyright, other intellectual property infringement, or counter-notifications (“Copyright Agent”) can be reached as follows:
Walkies Inc. Robert Warmowski, Content Manager Mailing address: PO Box 9068 Phone number: 1-773-719-6656 Email:email@example.com
11.3. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or whose activity is infringing may be subject to liability.
12.1. If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective, the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(a) A physical or electronic signature of the subscriber.
(b) 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 to it was disabled; providing URLs in the body of an email is the best way to help us locate content quickly.
(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
12.2. Such written notice should be sent to our designated agent as follows: Walkies Inc. Robert Warmowski, Content Manager Mailing address: PO Box 9068 Phone number: 1-773-719-6656 Email:firstname.lastname@example.org
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
13. Warranty Disclaimer and Limitation of Liability.
13.1. THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY IS IN ADDITION TO ANY WARRANTY DISCLAIMERS SPECIFIED UNDER THE TERMS AND APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
13.2. THE SITE (INCLUDING THE CONTENT AND ANY SERVICES IN CONNECTION THERETO) IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
13.3. WALKIES DOES NOT GUARANTEE THAT THE SITE AND THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT WALKIES WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
13.4. YOU SPECIFICALLY ACKNOWLEDGE THAT WALKIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13.6. WALKIES DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION (INCLUDING SERVICE AND/OR GOODS OFFERS) OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
13.7. THE SITE ALLOWS USERS TO REQUEST SERVICES AND GOODS AT ANYTIME, AT PRICES PUBLISHED BY THE SEEKERS. NEITHER WALKIES NOR THE SITE IS INVOLVED IN THE ACTUAL TRANSACTION BETWEEN THE USERS, AND WALKIES WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS, OR WAS NOT, ENTERED INTO BETWEEN USERS. WALKIES DOES NOT, AND HAS NO OBLIGATION TO, VERIFY, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING, THE IDENTITY, QUALIFICATIONS, EXPERIENCE, EXPERTISE, SUITABILITY, LICENSES, AND/OR REPRESENTATIONS OF ANY USER OR THIRD PARTY THAT YOU MAY ENGAGE, INTERACT WITH OR BE REFERRED TO IN CONNECTION WITH YOUR USE OF THE SITE. WALKIES DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY INFORMATION, ADVICE, PRODUCTS, OR SERVICES THAT YOU OBTAIN FROM ANOTHER USER OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ANY OF THE FOREGOING. YOUR INTERACTION WITH AND RELIANCE UPON ANY SUCH USER OR THIRD PARTY IS ENTIRELY AY YOUR SOLE COST AND RISK.
13.8. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT WALKIES IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED TO SUCH A DISPUTE.
13.9. UNDER NO CIRCUMSTANCES SHALL WE, INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY CONTENT IS TO STOP USING IT. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION YOU AGREE THAT OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE SHALL IN NO EVENT EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING YOUR BRINGING OF A CLAIM AGAINST WALKIES AND/OR ITS AFFILIATES, OR (B) AN AMOUNT EQUAL TO TEN UNITED STATES DOLLARS (US$10).
13.10. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.11. This section shall survive any termination of these Terms.
You agree to defend, indemnify and hold harmless Walkies, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site (including its Services). This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site.
The Site is directed solely to individuals who are authorized use it in accordance with the conditions set forth in these Terms. You may not assign or transfer these Terms and/or any rights and licenses granted herein but may be assigned by Walkies without restriction or notification to you. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in the State of Illinois only, and you hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. If any of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be deleted, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and us and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.
Last revised: May 14, 2012