Aspen Hollow General Store - Dog Park - Terms of Service

1.      Application and Introduction.

These Terms of Service (“Terms”) are a binding contract between you and Aspen Hollow General Store (“Aspen Hollow”, “we”, "us" and “our”) that govern your right to use the website, and any other offerings from Aspen Hollow (collectively, the “Aspen Hollow Platform”). The Terms govern all use of the Aspen Hollow Platform, whether you access it from our website at https://www.aspenhollow.store (the “Site”), our mobile website, or any other access point we make available to you. You must be at least 18 years old to access and use the Aspen Hollow Platform.

By registering an Aspen Hollow account, or by accessing and using the Aspen Hollow Platform without a registered account, you accept these terms, 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 Aspen Hollow 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 ASPEN HOLLOW ON AN INDIVIDUAL BASIS. Please see Section 18 for more information about the Arbitration Agreement.

2.      Aspen Hollow Service.

  1. General. The Aspen Hollow Platform offers an online venue that enables users (“Users” or “you”) to search for, and book services. As used in these Terms, Users who search for, book, or use Listings are guests (“Guests”). The Aspen Hollow Platform is a service that allows 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.

3.      Guest Terms.

  1. 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.

  2. 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 Spot or Host Service. You must act with integrity, treat others with respect at all times. Guests are solely responsible for evaluating Spots for rent and for evaluating the viability of the Spot 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 Aspen Hollow of any Host, Listing, or Host Services.

  3. Damage to Property. As a Guest, you are responsible for leaving a Spot 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 Spot. You agree that we are authorized to immediately charge your Account for all fees and charges due and payable to Aspen Hollow hereunder and that no additional notice or consent is required.

  4. Full Refund. If Aspen Hollow cancels a booking, a Guest is entitled to a full refund.

  5. 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.

  6. 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 Aspen Hollow Platform, including your use of any Spot, participation in any services from the Aspen Hollow 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.

4.      Content.

a.      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 Aspen Hollow Platform (collectively, “Content” or “Your Content”) or otherwise in connection with using the Aspen Hollow Platform. For example, Hosts are asked to create a profile page with a photograph as well as share photographs of their Aspen Hollow space for customers to see.

b.     License. By using the Aspen Hollow Platform, you acknowledge that except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Aspen Hollow 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 Aspen Hollow Platform, and to sublicense these rights to third parties.

c.      Release. By using the Aspen Hollow Platform you acknowledge that if your name, voice, image, persona, likeness, or performance is included in any of Your Content, you waive, and release Aspen Hollow 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 12 the other provisions of these Terms.

d.     Your Representations and Warranties about Your Content. By using the Aspen Hollow 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.

e.      Right to Remove or Screen Your Content. We reserve the right to monitor, screen, edit and/or remove Your Content on the Aspen Hollow 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.

5.      Aspen Hollow Platform Rules.

Rules: As a Aspen Hollow User, you agree to follow these rules and to not help or induce others to break or circumvent these rules:

a.      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:

                                                  i.      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 Aspen Hollow Platform.

                                                ii.      You will not impersonate another User or any person other than yourself.

                                              iii.      You will not transfer or authorize the use of your Aspen Hollow Platform account to or by any other person.

                                              iv.      You will not solicit another User's username and password for the Aspen Hollow Platform.

                                                v.      You will not use the Aspen Hollow Platform to post “spam” or other unauthorized commercial communications.

                                              vi.      You will not interfere with our provision of, or any other User's use of, the Aspen Hollow Platform.

                                             vii.      You will not engage in any targeted harassment of any other User or third party while using the Aspen Hollow Platform.

                                           viii.      You will not use the Aspen Hollow 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.

b.     Only use the Aspen Hollow Platform as authorized by these Terms or other agreement with Aspen Hollow.

                                                  i.      You may only use another User's personal information as necessary to facilitate a transaction using the Aspen Hollow Platform.

                                                ii.      You may not request, make, or accept a listing or payment outside of the Aspen Hollow Platform to avoid paying fees, taxes, or for any other reason.

                                              iii.      You may use your Content or the Content of other Users solely as necessary to enable your use of the Aspen Hollow Platform as a Guest or Host.

                                              iv.      Do not engage in any practices that are intended to or have the affect of manipulating the Aspen Hollow search algorithm.

c.      You agree not to hack, reverse engineer, sabotage, manipulate or impair the Aspen Hollow Platform in any manner that is not a part of its intended use. By accepting these terms, you agree to not:

                                                  i.      Use bots, spiders, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Aspen Hollow Platform for any purpose

                                                ii.      Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Aspen Hollow Platform or Users

                                              iii.      Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Aspen Hollow Platform

                                              iv.      Take any action or assist another to take action that could damage or adversely affect the performance or proper functioning of the Aspen Hollow Platform in any way

d.     You agree to honor all relevant legal obligations.

                                                  i.      Understand and follow the laws that apply to you, including but not limited to, privacy, data protection, and export laws.

                                                ii.      Do not use the Aspen Hollow Platform, or engage with other Users of the Aspen Hollow Platform, for purposes that violate the law.

                                              iii.      Read and follow our other Terms and all other provided policies which supplement these Terms.

                                              iv.      Do not use the Aspen Hollow Platform for purposes of competing with Aspen Hollow.

                                                v.      Do not use the name, logo, branding, or trademarks of Aspen Hollow or other Users without permission.

                                              vi.      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 Aspen Hollow branding.

e.      Spots may not be used for:

                                                  i.      Unattended dogs

                                                ii.      Dogs that have been declared dangerous by a court or animal control

                                              iii.      Dogs that have previously bitten a person or animal

                                              iv.      Dogs that are not on flea medication or parasite medication

                                                v.      Animals that are not dogs

                                              vi.      Dogs that are pregnant

                                             vii.      Dogs that are not compliant with our health requirements

                                           viii.      Humans without dogs

                                               ix.      Anybody under the influence of drugs or alcohol, including marijuana

                                                x.      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

6.      Limitations on Liability.

Neither Aspen Hollow (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Aspen Hollow 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 Aspen Hollow Platform, including without limitation damages related to any information received from the Aspen Hollow Platform, removal of your profile information or review (or other content) from the Aspen Hollow Platform, any suspension or termination of your access to the Aspen Hollow Platform, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Aspen Hollow 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 Aspen Hollow'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 Aspen Hollow Platform, access any Aspen Hollow Platform Content, or any Host Service, exceed: one hundred dollars (CAD$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Aspen Hollow. 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.

7.      Disclaimer of Warranties.

We provide the Aspen Hollow Platform and all Aspen Hollow 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, Spot, Listing, Host Services, or third party, (ii) we do not warrant the performance or non-interruption of the Aspen Hollow 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 Aspen Hollow 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.

8.      Suspension and Termination.

Aspen Hollow reserves the right to terminate your access and use of the Aspen Hollow 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, Aspen Hollow, or third parties.

9.      Registration; Account Security.

In order to use some aspects of the Aspen Hollow 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 Aspen Hollow Platform, and you must keep your account information current and up-to-date with Aspen Hollow. By using Aspen Hollow, 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 Aspen Hollow Platform, you agree to notify Aspen Hollow of any unauthorized use of your account.

10. Currency.

All fees, deductible amounts and other payments referenced on, or charged through, the Aspen Hollow Service are listed and payable in CAD.

11. Force Majeure.

Aspen Hollow 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.

12. Copyright Infringement.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Aspen Hollow Platform, please provide Aspen Hollow 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 Aspen Hollow's Designated Copyright Agent:

13. Indemnity.

To the maximum extent permitted by law, you agree to release, defend (at Aspen Hollow's option), indemnify, and hold Aspen Hollow (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 Aspen Hollow policy, standard, rule, or guideline, (iii) your improper use of the Aspen Hollow Platform, (iii) your interaction with any User or provision or use of a Spot, 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.

14. Intellectual Property.

a.      Aspen Hollow Platform. Aspen Hollow and its licensors retain all right, title and interest in and to the Aspen Hollow Platform, the technology and software used to provide it, all electronic documentation and content available through the Aspen Hollow Platform (other than Your Content, except as described in Section 10), and all intellectual property and proprietary rights in the Aspen Hollow Platform and such technology, software, documentation and content.

b.     Trademarks. Aspen Hollow owns all rights in and to its trademarks, service marks, brand names and logos. If you are a Host, Aspen Hollow grants you, for so long as you are in good standing on the Aspen Hollow Platform, a limited, revocable, non-exclusive, non-transferable license to use the Aspen Hollow 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 Aspen Hollow Platform. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Aspen Hollow Marks inures solely to the benefit of Aspen Hollow, and (2) such license immediately terminates upon your ceasing to be a Host in good standing, whether at your own option or because Aspen Hollow suspends or terminates your rights to use the Aspen Hollow Platform.

15. 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.

16. 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.

17. Questions.

For questions or concerns about the Aspen Hollow Platform or these Terms, please refer to the Aspen Hollow website and its Contact page.