USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES OWNED AND/OR OPERATED
BY EMBARKLY, INC (INDIVIDUALLY AND COLLECTIVELY, "SITE" OR "SITES")) AND/OR THE
SERVICES PROVIDED BY EMBARKLY, INC THROUGH OR IN CONNECTION WITH THE SITES
(INCLUDING PET CARE SERVICES MARKETING AND INFORMATION SERVICES ("SERVICES")) IS
DO NOT USE THE SITES AND/OR THE SERVICES.
date. Any changes or modifications will be effective immediately upon posting of the revisions on the
Sites, regardless of whether we provide you with any specific notice of such changes or modifications.
To the extent that notice is required under any applicable law or otherwise, you waive the right to such
notice, provided that this sentence will not apply to you if you are a Washington State resident or to the
extent you are seeking Services in Washington State. Your use of the Sites and/or the Services following
to understand the terms and conditions that apply to your use of the Sites and/or Services. If you do not
agree to the amended terms, you must immediately stop using the Sites and/or Services.
with embarkly for services, products or otherwise. Your access to, and use of, the Sites may also be
subject to any legal notices or additional terms and conditions applicable to the Sites and/or Services,
the Additional Terms will be accessible for you to read through your use of the Services and/or provided
between you and embarkly in relation to your use of the Sites and/or Services. It is important that you
take the time to read them carefully. If there is any contradiction between what the Additional Terms
precedence in relation to that Service.
To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be
prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the
Sites and/or Services.
embarkly is a pet care marketing and information service that provides resources and information for
finding pet care. We help pet parents find pet care options based a pet parent’s needs and preferences
and empower them to make informed decisions. We provide pet parents with information about service
providers ("Service Providers") and we forward the pet parent’s information to those Service Providers.
Pet parents can review detailed information about local and national Service Providers. The service is
offered at no charge to pet parents as the Service Providers pay a fee to embarkly.
The Service Providers are solely responsible for evaluating, accepting (or declining, as appropriate), and
caring for all pets, including, without limitation, ensuring that their staff are appropriately qualified, current
on education, and possess the necessary facilities, resources, and equipment to competently provide the
services and care required by pet and pet parents. Each Service Provider is responsible for the conditions
at its facilities and the training of and acts and omissions of its employees, contractors, vendors, and any
other individual who works at or for a community.
We do not vouch for the accuracy or completeness of any of the information posted by us and/or by and/
or on behalf of the Service Providers on the Sites, and do not take any responsibility or assume any
liability for any actions you may take as a result of reading the information posted by us and/or by and/
or on behalf of the Service Providers on the Sites. By using the Sites and/or Services, you assume all
We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any
Service Provider. We provide only an information service and do not (1) place the consumer in any
Service Provider, (2) perform any temperament assessment of pets for the pet parents or the Service
Provider, or (3) participate in the pet parent’s and Service Provider’s decision regarding final selection
or admittance. Further, we are not a representative of or agent for either the pet parent or the Service
Provider and do not act on either's behalf. It is the responsibility solely of the Service Provider and the pet
parent to determine if any pet is an appropriate admission to the Service Provider’s facility.
to fully understand how we collect and use personal information; your use of the Sites and/or Services
on the Sites or providing information to us, you expressly consent to being contacted by us and/or the
Service Providers, whether by phone, mobile phone, email, mail or otherwise. If you are a customer or
potential customer of the Services, you authorize us to provide the information that you provided us and
related information we may receive from third parties to Service Providers for the purpose of providing
Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting
that we no longer provide you Services; provided that we may continue to refer to and/or disclose your
information when communicating with a Service Provider as necessary for our normal Service Provider
related business practices (such as Service Provider billing matters) until such matters are closed.
You are granted a limited, non-sublicensable license to access and use the Sites and all content, data,
information and materials included in the Sites (the "Site Materials") solely for your personal use, subject
Materials other than for their intended purpose or in any way that is unlawful or harms embarkly. Any use
of the Sites or the Site Materials other than as specifically authorized herein is strictly prohibited and,
without limiting other available remedies, will automatically and immediately terminate the license granted
herein. Such unauthorized use may also violate applicable laws including without limitation copyright and
trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein,
whether by estoppel, implication or otherwise. This license is revocable by embarkly at any time.
The following are examples of some actions and activities that are prohibited by you in accessing and/or
using the Sites and/or Services, and you agree not to do any of the following:
•Using the Sites for commercial purposes.
•Conducting or promoting any illegal activities while using the Sites or Services.
•Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door,
Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that
would cause harm to the Sites, embarkly’s computer and/or telecommunication systems or data.
•Interfering in any way with the proper functioning of the Sites (including harming, disabling, or
significantly slowing) or interfering with or disrupting any servers or networks connected to the
Sites, or disobeying any requirements, procedures, policies or regulations of networks connected
to the Sites.
•Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing,
publishing, licensing, creating derivative works from, framing in another web page, and/or using
on any other Web site or service any of the Sites content.
•Engaging in the practices of "screen scraping," "database scraping," "data mining" or any other
activity with the purpose of obtaining lists of users or other information, in whole or in part, from
the Sites or use web "bots" or similar data gathering or extraction methods for such purposes.
•Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise
attempting to derive the source code of the software (including the tools, methods, processes,
and infrastructure) that enables or underlies the Sites;
•Attempting to gain access to secured portions of the Sites.
•Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering
or attempting to discover any security measures (including without limitation encryption
algorithms, keys, passwords, and the like) used by or for embarkly to protect its computer and/or
•Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or
allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam).
•Using the Sites and/or Services to stalk, harass or harm another individual.
•Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or
•Uploading, distributing or printing anything that may be harmful to minors.
•Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the
display of its pages.
•Engaging in any other action in any way that is unlawful or harms embarkly.
All trademarks, service marks, and trade names are proprietary to embarkly and our licensors. All rights,
title, and interests in and to the Sites, including content, materials, trademarks and other intellectual
property contained in the Sites, vest solely in embarkly and its licensors. The embarkly name, and any
embarkly products and services, slogans or logos referenced herein on the Sites are either trademarks or
registered trademarks of embarkly in the United States and/or other countries. The names of actual third
party companies and products mentioned in the Sites may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
On certain portions of the Sites, you may be provided with a password and user identification to use
the Sites. You must agree to abide by these Site Terms and are responsible for all activity under such
user identification. You are responsible for maintaining the confidentiality and security of any password
connected with your account.
The Sites may provide links to external Web sites ("External Web Sites"). We provide these links to
External Web Sites for your convenience only. We do not control such External Web Sites; therefore,
embarkly is not responsible for the content of any linked site or any link contained in a linked site. Our
inclusion of links to such External Web Sites does not imply any endorsement of any such third party who
advertises their goods or services through the Sites (including Service Providers). We make no claim
or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of
External Web Sites.
to your use of External Web Sites. You should review the applicable terms and policies, including privacy
and data gathering practices, of any External Web Sites to which you navigate from the Site. Your use
of and dealings with the owners or operators of these External Web Sites are at your own risk, and you
agree not to make any claim against embarkly arising out of your use of these External Web Sites.
We may run advertisements and promotions from third parties (including Service Providers) on the Sites
or may otherwise provide information about or links or referrals to third-party (including Service Providers)
products or services on the Sites ("Third Party Products and Services").
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information
about such Third Party Products and Services, and we assume no responsibility for unintended,
objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and
Services. Because we do not control such Third Party Products and Services, we are not responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from
any Third Party Products and Services, and you use such Third Party Products and Services at your own
Your business dealings or correspondence with, or participation in promotions of, such Third Party
Products and Services, and any terms, conditions, warranties or representations associated with such
dealings or promotions are solely between you and such third party.
You should investigate and use your independent judgment regarding the merits, quality and reputation of
any Third Party Products and Services that you find on or through the Sites.
THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL
LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND
PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE
THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. EMBARKLY AND ITS
ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS,
SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS,
SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH THE SITES AND/OR SERVICES. IN
ADDITION, EMBARKLY IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED
BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE
HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION,
ANY SERVICE PROVIDER OR OTHER CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO
ORAL OR WRITTEN INFORMATION FROM EMBARKLY OR ANY OTHER PARTY WILL MODIFY THIS
DISCLAIMER. EMBARKLY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR
COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM
VIRUSES, EMBARKLY DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR
ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT
SHALL EMBARKLY BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR
INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMBARKLY
OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS
OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO
THE SITES AND/OR SERVICES, OUR ACTS OR OMMISSIONS UNDER OR IN ANY WAY RELATED
TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE
SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT
LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY
US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
OF THIS "LIMITATION OF LIABILITY" SECTION SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
You agree to indemnify and hold embarkly and the Associated Parties harmless from any claim or
demand, including attorneys' fees, arising out of your use of the Sites and/or the Services or your violation
We may terminate or suspend your access to the Sites at any time, with or without cause, and with or
without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.
We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and
therefore, your access to and use of) at any time without notice.
Governing Law and Forum Selection
laws provisions. You agree that any action at law or in equity arising out of or relating to the Sites and/
or Services can be filed only and exclusively in a state or federal court located in Austin, Texas, and you
hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such
courts over any suit, action or proceeding arising out of the Sites and/or Services. You hereby knowingly,
voluntarily, intelligently, and irrevocably waive any available affirmative defenses under federal law or
any states' laws to venue and jurisdiction in Austin, Texas, including without limitation improper venue,
forum non conveniens, lack of in personam jurisdiction, and all related defenses. You further agree that
this forum-selection clause shall apply to any and all claims under federal law or any states' laws and
that arise from or relate in any way to the Sites and/or Services, including, without limitation, contract,
tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a
cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an
individual basis or as putative representative of a class.
YOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE YOUR
RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT
FAILURE TO PERFORM HEREUNDER. The scope of this waiver is intended to be all-encompassing and
shall apply to any and all claims arising under federal law or any states' laws and that arise from or relate
contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether
asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether
asserted on an individual basis or as putative representative of a class. You expressly acknowledge that
Subject to and without limiting the Governing Law and Forum Selection section, you expressly agree
that any claim or cause of action that arises from, relates to, or has connection with the Sites and/
or Services shall be adjudicated exclusively and finally by arbitration in Austin, Texas. The arbitration
award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. Except as required by applicable law, you knowingly,
voluntarily, intelligently, and irrevocably waive any right to appeal from the arbitration award, including
but not limited to any appeal from any judgment entered on the arbitration award or any order based
thereupon. YOU EXPRESSLY AGREE THAT ANY CLAIM OR CAUSE OF ACTION THAT IS SUBJECT
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU FURTHER EXPRESSLY AGREE THAT THE ARBITRATOR
SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
To the extent such provisions are not allowed or we otherwise state in writing to you that such provisions
individuals do not apply under state law and therefore the waivers of liability and rights set out in the
Services in such state.
If you are a copyright owner and believe your copyrighted material has been used on this Site in a
manner that constitutes copyright infringement, please report the violation to our designated copyright
agent by sending written notice to embarkly, Inc, 14 Granburg Circle, San Antonio, TX 78218--Attn:
General Counsel. Please include the following information: (1) a detailed description of the allegedly
infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your
contact information, including address, telephone number, and email address (if any), (4) your statement
that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner,
its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in
your notice is accurate and that you are authorized to act on the copyright owner's behalf, and (6) an
electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to
assert copyright infringement and to submit the statement.
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
between you and embarkly with respect to the Sites.
says and what a translation says, then the English language version shall take precedence.
access embarkly content or share information with embarkly, as discussed below. By using the website,
website in which embarkly content or functionality is embedded. We do not control the privacy policies or
practices of others.
In General, we receive and store any information you provide via our website, telephone, or give us in
any other way. This includes information that can identify you ("personal information"), including but
not limited to your first and last name, telephone number, postal address, and email address. You can
choose not to provide information to us, but in general some information about you is required in order for
you to make reservations or initiate other transactions on our site.
We also may periodically obtain both personal and non-personal information about you from affiliated
entities, business partners and other independent third-party sources and add it to our account
information. Examples of information we may receive include updated postal address information and
We automatically collect some information about your computer when you visit this website. For example,
we will collect your IP address, Web browser software details, and the address of any referring website.
We may also collect information about your online activity, such as pages viewed and reservations made.
We use information about you for the following general purposes: to provide you with the products and
services you request; to provide you with reservation confirmation and updates; to communicate with you
in general; to respond to your questions and comments; to measure interest in and improve our products,
services, and website; to notify you about special offers and products or services that may be of interest
to you, including via third party advertising networks; to otherwise customize your experience with this
website; to solicit information from you, including through surveys; to resolve disputes or troubleshoot
otherwise described to you at the point of collection.
We want to make it easy for you to take advantage of the services on our website. We may do this is by
sending you email messages that contain information about your apparent interests. For example, if you
search for pet care in Austin on our website but have not made a reservation, we may send you an email
message about available pet care in that area. We believe these email messages will provide you with
useful information about pet care related offers available through our site. Please note that you will have
the opportunity to choose not to receive these email messages in any such email we send.
We share your information with our partners as they need it to fulfill services you have requested via
this website, and we restrict their use of this information to that purpose. Please note that our partners
may contact you as necessary to obtain additional information about you, facilitate any reservations, or
respond to a review you may submit.
Third-parties who provide services or functions on our behalf may include business analytics companies,
customer service vendors, communications service vendors, credit card processors, marketing vendors,
and fraud prevention vendors. We may also authorize third-party vendors to collect information on our
behalf, including as necessary to operate features of our website or to facilitate the delivery of online
advertising tailored to your interests. Third-party vendors have access to and may collect information only
as needed to perform their functions and are not permitted to share or use the information for any other
In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to
defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise
or waive any legal objection or right available to us.
When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected
illegal activities; to protect and defend the rights, property, or safety of our company or this website, our
In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or
in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with
third parties, and you will have an opportunity to choose not to have us share such information.
When you post a message in a embarkly forum, chat room, review, or customer feedback, the information
you post is accessible to the public. If you post personal information anywhere on the website that is
accessible to the public, you are advised that such personally identifiable information can be read,
collected, used or disseminated by others and could be used to send you unsolicited information or
otherwise. Accordingly, you assume full responsibility for posting such information and agree that
embarkly is not responsible in any way for personally identifiable information you choose to post in these
embarkly makes no claim that its websites are appropriate or lawful for use or access outside the United
States. Furthermore, our databases are located in the United States. If you access this website from
outside the United States, you do so at your own risk. You are solely responsible for complying with all
local laws, rules and regulations regarding online conduct and website access. By sending us your data,
you consent to its transfer to and storage within the United States.
You may request access to all your personally identifiable information that we collect online and maintain
in our database by emailing email@example.com.
California Civil Code Section 1798.83 permits our customers who are California residents to request
certain information regarding our disclosure of personal information to third parties for their direct
marketing purposes. To make such a request, please e-mail us or write to us as described below.
You can e-mail us at firstname.lastname@example.org.