Constant Companion LLC
Terms of Service Effective January 2024
Application and Introduction.
These Terms of Service (“Terms”) are a binding contract between you and Constant Companion LLC (“Constant Companion LLC”, “we”, “us” and “our”) that govern your right to use the website, application, and any other offerings from Constant Companion LLC (collectively, the “Constant Companion LLC Platform”). The Terms govern all use of the Constant Companion LLC Platform, whether you access it from our website at https://www.Constant Companion LLC.com (the “Site”), our mobile website, our mobile application, or any other access point we make available to you. You must be at least 18 years old to access and use the Constant Companion LLC Platform.
By registering a Constant Companion LLC account, or by accessing and using the Constant Companion LLC Platform without a registered account, you accept these terms, our Privacy Policy, our Host Standards, our Community Guidelines, our Inclusion Policy and all other provided policies which supplement these Terms.
By agreeing to these terms, you understand and accept that changes may be periodically made to the Terms of Service. Your continued use of the Constant Companion LLC Platform constitutes your acceptance to be bound by any modified terms.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH Constant Companion LLC ON AN INDIVIDUAL BASIS. Please see Section 18 for more information about the Arbitration Agreement.
Constant Companion LLC Service.
General. The Constant Companion LLC Platform offers an online venue that enables users (“Users” or “you”) to publish, offer, search for, and book services. As used in these Terms, Users who publish and offer listings and related services (collectively, “Host Services” and each individual Host Service, a “Listing”) are hosts (“Hosts”), and Users who search for, book, or use Listings are guests (“Guests”). The Constant Companion LLC Platform is a service that allows Hosts to publish their space (a “Getaway”) and offer it as an area for Guests to book for their own personal use as an area for off-leash time with their dogs. Usage may include training, space for reactive dogs, general play time, or any other legal use.
Constant Companion LLC Does Not Provide Listings. As the provider of the Constant Companion LLC Platform, Constant Companion LLC does not own, control, offer or manage any Listings or Host Services. Constant Companion LLC is not a party to the contracts entered into directly between Hosts and Guests, nor is Constant Companion LLC an insurer, a Host, nor a provider of pet care services. Constant Companion LLC is a neutral third party. When we provide Listings, our responsibilities are limited to: (i) facilitating the availability of the Website and Services and (ii) serving as the limited payment collection agent of Hosts for the purpose of accepting payments from Guests on behalf of the Hosts of such amounts stipulated by the Hosts.
Constant Companion LLC is not an agent. Constant Companion LLC is not acting as an agent in any capacity, for any User, with the sole exception being serving as the limited payment collection agent of Hosts for the purpose of accepting payments from Guests on behalf of the Hosts of such amounts stipulated by the Hosts.
Service Disclaimer.
Constant Companion LLC does not warrant, guarantee, or manage (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other User content, or (iii) the performance or conduct of any User or third party. Constant Companion LLC does not endorse any User, Listing, Host, or Host Services.
Host Terms.
General. As a Host, Constant Companion LLC offers you the right to use the Constant Companion LLC Platform to share your yard, space, offer Listings or Host Services with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
Legal Obligations: If you are a Host, you represent and warrant that your Listings and Host Services are in compliance with all applicable laws, rules, regulations, and contracts with third parties that apply to your Listings or Host Services, including our Host Standards. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including ourPrivacy Policy. If you have questions about how local laws apply you should always seek legal advice.
Host Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services or otherwise performing under your Listing. You must act with integrity, treat others with respect at all times. You are responsible for setting your fees and establishing the additional terms or conditions of your Listing. You may not collect any fees or charges for a Listing outside of the Constant Companion LLC Platform.
Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxes”)
Service Fees. We charge a service fee and other fees for each booking through the Constant Companion LLC Platform. If you are a Host, our service fee is calculated as a percentage of the fees a Guest agrees to pay in a Booking. We deduct this service fee and other fees from the amounts paid by the Guest.
Price changes.
We reserve the right to at our sole discretion and without notice to discount or increase Host prices.
Discretionary Refunds. Constant Companion LLC reserves the right to, at its sole discretion, deny payment to a Host for a visit and fully refund a Guest.
Reviews. If you are a Host, we have no obligation to provide you with the content of any reviews about you submitted by other Users, whether before or after termination of your account for the Constant Companion LLC Platform. We have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Constant Companion LLC Platform at any time.
Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Constant Companion LLC Platform, offering Host Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Constant Companion LLC Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Constant Companion LLC.
Guest Terms.Legal Obligations. If you are a Guest, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your use of services offered by a Host. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Guest Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Getaway or Host Service. You must act with integrity, treat others with respect at all times. Guests are solely responsible for evaluating Getaways for rent and for evaluating the viability of the Getaway for their pet. You should always exercise due diligence and care when deciding whether to book and use an accommodation, or communicate and interact with other Users, whether online or in-person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Constant Companion LLC of any Host, Listing, or Host Services.
Damage to Property. As a Guest, you are responsible for leaving a Getaway in the condition it was in when you arrived. By agreeing to these Terms, you acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of your pet or other individuals you invite, or otherwise provide access to, a Getaway. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to Constant Companion LLC hereunder and that no additional notice or consent is required.
Full Refund. If a Host cancels a booking, a Guest is entitled to a full refund.
Guest Cancelation. A Guest can cancel a reservation up to 2 hours before the booking time and receive a full refund. Within 2 hours of the time of booking, and after the booking time has passed, there are no refunds for cancellations.
Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Constant Companion LLC Platform, including your use of any Getaway, participation in any services from the Constant Companion LLC Platform, use of any Host Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
Content. Profile. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Constant Companion LLC Platform (collectively, “Content” or “Your Content”) or otherwise in connection with using the Constant Companion LLC Platform. For example, Hosts are asked to create a profile page with a photograph as well as share photographs of their Constant Companion LLC space for customers to see.
License. By using the Constant Companion LLC Platform, you acknowledge that except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Constant Companion LLC an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Constant Companion LLC Platform, and to sublicense these rights to third parties.
Release. By using the Constant Companion LLC Platform you acknowledge that if your name, voice, image, persona, likeness, or performance is included in any of Your Content, you waive, and release Constant Companion LLC and its Users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 10(b) and the other provisions of these Terms.
Your Representations and Warranties about Your Content. By using the Constant Companion LLC Platform, you represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Content, (2) that you have any necessary consents and releases from pets of people who appear in Your Content; and (3) Your Content does not violate the law or these Terms.
Right to Remove or Screen Your Content. We reserve the right to monitor, screen, edit and/or remove Your Content on the Constant Companion LLC Platform. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
Constant Companion LLC Platform Rules (Hosts and Guests). Rules: As a Constant Companion LLC User, you agree to follow these rules and to not help or induce others to break or circumvent these rules:
Act with integrity and respect towards others. Users are required to act respectfully towards all other Users and third parties. By accepting these terms, you agree that:
You will not lie, mislead, or misrepresent your identity in any way, or provide false information during your registration process or on your profile at any time on the Constant Companion LLC Platform. You will not impersonate another User or any person other than yourself. You will not transfer or authorize the use of your Constant Companion LLC Platform account to or by any other person. You will not solicit another User’s username and password for the Constant Companion LLC Platform. You will not use the Constant Companion LLC Platform to post “spam” or other unauthorized commercial communications. You will not interfere with our provision of, or any other User’s use of, the Constant Companion LLC Platform. You will not engage in any targeted harassment of any other User or third party while using the Constant Companion LLC Platform. You will not use the Constant Companion LLC Platform to post content or materials that are pornographic / sexually explicit, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others. Only use the Constant Companion LLC Platform as authorized by these Terms or other agreement with Constant Companion LLC.
You may only use another User’s personal information as necessary to facilitate a transaction using the Constant Companion LLC Platform. You may not request, make, or accept a listing or payment outside of the Constant Companion LLC Platform to avoid paying fees, taxes, or for any other reason. You may use your Content or the Content of other Users solely as necessary to enable your use of the Constant Companion LLC Platform as a Guest or Host. Do not engage in any practices that are intended to or have the affect of manipulating the Constant Companion LLC search algorithm. You agree not to hack, reverse engineer, sabotage, manipulate or impair the Constant Companion LLC Platform in any manner that is not a part of its intended use. By accepting these terms, you agree to not:
Use bots, spiders, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Constant Companion LLC Platform for any purpose Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Constant Companion LLC Platform or Users Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Constant Companion LLC Platform Take any action or assist another to take action that could damage or adversely affect the performance or proper functioning of the Constant Companion LLC Platform in any way You agree to honor all relevant legal obligations.
Understand and follow the laws that apply to you, including but not limited to, privacy, data protection, and export laws. Do not use the Constant Companion LLC Platform, or engage with other Users of the Constant Companion LLC Platform, for purposes that violate the law. Read and follow our other Terms, such as our Privacy Policy, our Host Standards, our Community Guidelines, our Inclusion Policy, and all other provided policies which supplement these Terms. Do not use the Constant Companion LLC Platform for purposes of competing with Constant Companion LLC. Do not use the name, logo, branding, or trademarks of Constant Companion LLC or other Users without permission. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Constant Companion LLC branding.
Getaways may not be used for: Unattended dogs Dogs that have been declared dangerous by a court or animal control Dogs that have previously bitten a person or animal Dogs that are not on flea medication or parasite medication Animals that are not dogs Dogs that are pregnant Dogs that are not compliant with our health requirements (seehttps://help.Constant Companion LLC.com/article/68-what-vaccines-do-you-require) Humans without dogs Anybody under the influence of drugs or alcohol, including marijuana Minors who are booking for themselves; minors are only welcome when a parent or guardian books on their behalf and the minor is part and parcel to the parent’s consent and acceptance of risk
Limitations on Liability.Neither Constant Companion LLC (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Constant Companion LLC Platform, will be liable for any indirect, special, incidental, exemplary or consequential damages, including lost profits, business losses, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to these Terms, the use of or inability to use the Constant Companion LLC Platform, including without limitation damages related to any information received from the Constant Companion LLC Platform, removal of your profile information or review (or other content) from the Constant Companion LLC Platform, any suspension or termination of your access to the Constant Companion LLC Platform, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Constant Companion LLC Platform, even if we are aware of the possibility of any such damages, losses or expenses, except in such jurisdictions which expressly do not allow the exclusion or limitation of liability for consequential or incidental damages.
Except for our obligation to transmit payments to Hosts under these Terms, in no event will Constant Companion LLC’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the Constant Companion LLC Platform, access any Constant Companion LLC Platform Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Constant Companion LLC. If Applicable Law and Rules do not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
Disclaimer of Warranties.We provide the Constant Companion LLC Platform and all Constant Companion LLC Content and Your Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Getaway, Listing, Host Services, or third party, (ii) we do not warrant the performance or non-interruption of the Constant Companion LLC Platform, and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being “verified” (or similar language) indicate only that the User or Listing of Constant Companion LLC has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
Suspension and Termination. Constant Companion LLC reserves the right to terminate your access and use of the Constant Companion LLC Platform or any of its features at its sole discretion, without notice or consent, for any reason we deem proper, including but not limited to if (a) you have materially breached any of your obligations under these Terms, (b) you have violated relevant laws, regulations, or third-party rights, or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Users, Constant Companion LLC, or third parties.
Registration; Account Security. In order to use some aspects of the Constant Companion LLC Platform, you will be required to create a username, password, and User profile. You must register an account to access and use many features of the Constant Companion LLC Platform, and you must keep your account information current and up-to-date with Constant Companion LLC. By using Constant Companion LLC, you agree that the information that you have provided is accurate and honest. In addition, you agree only to create a profile for your own identity, as well as only maintain one single profile. You are responsible for your own single profile, and you must ensure that you are the only one authorized to use the service and maintain the account. You are responsible for all activity on your account. By using the Constant Companion LLC Platform, you agree to notify Constant Companion LLC of any unauthorized use of your account.
Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Constant Companion LLC Service are listed and payable in USD.
Membership Subscriptions. General: Memberships are automatically renewing subscriptions requiring recurring payments unless and until you cancel. A Membership subscription grants you access to credits to offset the cost of visits and member-only hours at a specific Getaway.
Memberships are offered for a monthly fee payable at the start of the relevant period. By signing up for Memberships and providing Constant Companion LLC with your payment account information, you agree that: (a) you will be charged your first Membership subscription fee and any applicable taxes on the date you purchase your Membership subscription; (b) you authorize Constant Companion LLC and its service providers to store your payment method for the purpose of executing future Constant Companion LLC auto-renewal transactions; (c) UNLESS YOU CANCEL, YOUR MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, Constant Companion LLC WILL AUTOMATICALLY CHARGE THE THEN-CURRENT MEMBERSHIP FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your membership subscription. If you would like to use a different payment method or if there is a change in payment method, you are required to update your billing information.
Cancellations: You can cancel your Membership subscription at any time through your account. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if renewal date is January 20, you must cancel by 11:59:59 pm PT on January 19).
Updates and Changes: The Membership prices and features may change in the future. If changes occur, you will be notified and provided with the opportunity to change your subscription before your Membership is renewed for another subscription term. Your continued use of the Services after the change becomes effective will constitute your full acceptance of the the change in prices or features. If you do not wish to continue your Membership subscription with the new fees or features, you may cancel your Membership subscription within the specified notice period. Any Membership subscription will be subject to the terms and conditions in effect at the time you sign up, or each time your subscription automatically renews. Constant Companion LLC may also make such changes with respect to current Membership subscriptions. In that case, Constant Companion LLC will provide you with notice via email of the changes and when those changes will take effect. If you disagree with the changes to your current Membership subscription terms and conditions, you may cancel your Membership subscription and receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which you cancel the subscription.
No Transfer or Assignments & Cancellations by Constant Companion LLC and Host: Your Membership subscription cannot be transferred or assigned. Hosts reserve the right to accept, refuse, suspend, or cancel your Membership subscription at any time at their sole discretion. Constant Companion LLC reserves the right to suspend, or cancel the Membership subscription, at any time in our sole discretion. If Constant Companion LLC or the Host cancels your Membership subscription, you will receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which your subscription was cancelled, unless Constant Companion LLC terminates your account or your Membership subscription because it determines, at our sole discretion, that your actions or your use of the Services violates this Agreement or has harmed another User.
Force Majeure. Constant Companion LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Copyright Infringement. If you believe in good faith that your copyrighted work has been infringed by content posted on the Constant Companion LLC Platform, please provide Constant Companion LLC with a written notice that includes all of the following information:
A description of the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
A description of the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
Your name, mailing address, telephone number and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Deliver this Notice, with all items completed, to Constant Companion LLC’s Designated Copyright Agent:
Indemnity. To the maximum extent permitted by law, you agree to release, defend (at Constant Companion LLC’s option), indemnify, and hold Constant Companion LLC (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your violation of another Constant Companion LLC policy, standard, rule, or guideline, (iii) your improper use of the Constant Companion LLC Platform, (iii) your interaction with any User or provision or use of a Getaway, Listing, or Host Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, provision or use (including, without limitation, personal injury, theft or death), (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of Applicable Laws and Rules.
You further agree that you will cooperate with us in the defense of such claims. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this section, and you will not settle any such claim or matter without our advance written consent.
Intellectual Property. Constant Companion LLC Platform. Constant Companion LLC and its licensors retain all right, title and interest in and to the Constant Companion LLC Platform, the technology and software used to provide it, all electronic documentation and content available through the Constant Companion LLC Platform (other than Your Content, except as described in Section 10), and all intellectual property and proprietary rights in the Constant Companion LLC Platform and such technology, software, documentation and content.
Trademarks. Constant Companion LLC owns all rights in and to its trademarks, service marks, brand names and logos. If you are a Host, Constant Companion LLC grants you, for so long as you are in good standing on the Constant Companion LLC Platform, a limited, revocable, non-exclusive, non-transferable license to use the Constant Companion LLC Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (business cards, signage etc.) and/or (2) in any other manner specifically authorized in writing via the Constant Companion LLC Platform. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Constant Companion LLC Marks inures solely to the benefit of Constant Companion LLC, and (2) such license immediately terminates upon your ceasing to be a Host in good standing, whether at your own option or because Constant Companion LLC suspends or terminates your rights to use the Constant Companion LLC Platform.
United States Governing Law and Venue. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 18 must be brought in state or federal court in Boston, Massachusetts, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Boston, Massachusetts.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Constant Companion LLC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Agreement to Arbitrate. You and Constant Companion LLC mutually agree that any and all claims or disputes that arise between you and Constant Companion LLC relating to Constant Companion LLC Platform, interactions with others on the Constant Companion LLC Platform, and/or these Terms, including any breach of these Terms, (other than any exceptions discussed herein) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims will be determined by a neutral arbitrator, not by a judge or jury.
Exceptions to Arbitration Agreement: You and Constant Companion LLC each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
Any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights Any claim or cause of action seeking emergency injunctive relief based on exigent circumstances A request for the remedy of public injunctive relief Any individual claim of sexual assault or sexual harassment arising from your use of the Constant Companion LLC Platform or Host Services Any individual claim brought in small claims court Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
Arbitration Process. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The current JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/, and are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. 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 the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 USD (or equivalent in local currency) or less, you or Constant Companion LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Constant Companion LLC subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Constant Companion LLC, unless the arbitrator requires otherwise.
Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Constant Companion LLC Users, but is bound by rulings in prior arbitrations involving the same Constant Companion LLC User to the extent required by applicable law. As limited by applicable law, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
Arbitration Costs. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be shared equally by you and Constant Companion LLC, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Constant Companion LLC reserves the right to pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Constant Companion LLC reserves the right to pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Constant Companion LLC for all fees associated with the arbitration.
Class Action Waiver. You and Constant Companion LLC acknowledge and agree that, to the fullest extent permitted by law, you and Constant Companion LLC are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless you and Constant Companion LLC agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Severability. If any provision of this arbitration agreement and class action waiver is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable.
Confidentiality. 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.
Binding Agreement. Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Hosts from offering services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Severability. If any term, clause, or provision is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions will remain valid and enforceable.
Questions. For questions or concerns about the Constant Companion LLC Platform or these Terms, please refer to the Constant Companion LLC website, or contact us at [email protected]
