Terms & Conditions

Manhattan Meow Pet Owner’s Terms of Service

(Dated April 11, 2019)

1. Overview

1.1 The Manhattan Meow LLC (“Manhattan Meow”, “we”, “us” and “our”) Website may be used to find and offer Pet Sitting Services and to facilitate payment to independent pet caregivers. All transactions conducted via the Manhattan Meow Website are between pet owners and the Service Provider, and as such, there are specific limits in Manhattan Meow’s liability that you must acknowledge in order to use our Website.

2. Manhattan Meow Service

2.1(a) Acceptance of Terms; Modifications.  These Terms of Service (the “Terms”) are a binding legal agreement between you and Manhattan Meow. The Terms determine  use of our Website for pet owners and pet caregivers (“Service Provider”, “Pet Sitter” or “Sitter”) to find each other, arrange, confirm and book pet care or sitting services (the “Manhattan Meow Service” or the “Service”).  

2.1(b) These Terms cover all use of the Manhattan Meow Services, whether you access it from our website at https://www.manhattanmeow.com (the “Manhattan Meow Website”) or any other access point we make available to you. Other policies applicable to your use of the Manhattan Meow Service are also incorporated by reference into these Terms of Service. To access and use the Manhattan Meow Website for the Manhattan Meow Service, you must accept these Terms. [By creating an account and using the website you acknlowdege that you agree to the terms set forth in the Term of Service.]

2.2 You understand and agree that Manhattan Meow may change the Terms from time to time, and that any such changes will require your further acknowledgment for continued access and use of the Manhattan Meow Website.

2.3 Manhattanmeow.com is not pet care or sitting Service Provider.  Manhattan Meow is a neutral platform for Service Providers and pet owners. We make no representations or warranties about the quality of services provided by any of the Service Providers that are introduced to you through our platform. Manhattan Meow does not employ, recommend or endorse any Service Provider. While Manhattan Meow conducts an initial review of Service Providers and facilitates background checks on Service Providers conducted by third parties, Manhattan Meow makes no representations or warranties, nor will Manhattan Meow be responsible or liable for the performance or conduct of any pet Sitters. You should exercise caution and use your independent judgment before booking a Service Provider.

2.4 We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any disputes, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or failure of Service Providers , whether online or offline.  You acknowledge and agree that your use the services is at your sole and exclusive risk. [By creating an account and using the website you acknlowdege that you conform your agreement to release Manhattan Meow from all liability from any disputes, claim, injuries, loss or harm and/or damages arising from your interaction and dealings with service providers.]

2.5 Except for the refunds of Manhattan Meow’s fees described herein and on the website, you agree that Manhattan Meow has no liability for damages related to the Services (which may include bodily injury to, or death of a pet) or resulting from any other transactions between users of the Service.  [By creating an account and using the website you acknowledge that you agree regarding the limitations of Manhattan Meow's responsibilities and liability.]

2.6 Pet owners and Service Providers transact with each other on our website when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of services via our website (a “Booking”).  Once a Booking is complete, the pet owner and Service Provider agree to honor the price and other terms of that Booking.  

2.7 By accessing and using our website, you certify that you are at least 18 years of age and will comply with all laws and rules applicable to your activities conducted through our website. This means, among other things, that you will ensure that your pets are vaccinated and licensed as required by local law. You concede that Manhattan Meow is entitled to rely on these commitments and is not responsible to ensure that all users have met these eligibility conditions.  

2.8 When you use the Manhattan Meow Website, you agree:

• Not to use the Manhattan Meow Service to arrange for the provision and purchase of Services with another user, then complete transactions for those Services offline.

• Not to post reviews about Service Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms.

• To use the Manhattan Meow Service only for your own purposes, and not to impersonate any other person.

• Not to transfer or authorize the use of your account for the Manhattan Meow Service by any other person.

• Not to provide false information in your profile on, or registration for, the Manhattan Meow Service.  

• Not to post content or materials that are pornographic, 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.

• Not to post “spam” or other unauthorized commercial communications.

• Not to interfere with our provision of, or any other user’s use of, the Manhattan Meow Service.

• Not to solicit another user’s username and password for the Manhattan Meow Service.

2.9 You understand and agree that we have no obligation to provide any Service to you, nor any obligation to continue providing it once we have begun.  If we believe your conduct on our site or use of the Service is inappropriate, unsafe or violates these terms, and for any other bona fide reason, we reserve the right to suspend or terminate your access to the Manhattan Meow Service in our sole discretion.

2.10 In order to use some aspects of the Manhattan Meow Service, you will be required to create a username, password, and user profile.  You are responsible for maintaining the confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password.  You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

3. Privacy Policy

3.1 Our collection and use of your personal information on the Manhattan Meow Service is described in our Privacy Policy Section. By accessing or using the Manhattan Meow Service, you acknowledge and consent to the Privacy Policy.

4. Care Authorization

4.1 Manhattan Meow recommends pet owners give the Sitter their contact information in case medical care is needed for their pet so that the Sitter can seek to contact the pet owner immediately if medical care appears to become necessary.  As the pet owner, you hereby authorize your pet Sitter and Manhattan Meow to acquire and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in a situation that is reasonably deemed an emergency. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records for obtaining care. 

4.2 If your chosen Service Provider reaches you with a request to authorize medical care for your pet and you refuse, you release the Pet Sitter and Manhattan Meow from any claim related to death, injury, damage or liability arising from the failure to obtain medical care for your pet. 

4.3 Pet owners are solely responsible for the costs of any such medical treatment for their pets and you hereby authorize Manhattan Meow to charge your credit card or other payment method for such costs. In no circumstances shall a pet owner be eligible for compensation from Manhattan Meow. 

5. Content License

5.1 Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Manhattan Meow a non-exclusive, fully paid worldwide license to use your text, photographs, images, videos, reviews, information and materials (“Your Content”)   in connection with providing and/or promoting the Manhattan Meow Service. If your name, voice, image, persona, or likeness is included in any of Your Content, you hereby provide Manhattan Meow a limited license to use same on its Site and further waive, and release Manhattan Meow and its users from, any claim or cause of action related to the limited use of Your Content.

6. Electronic Communication

6.1 You consent to Manhattan Meow communicating with you about the Manhattan Meow Service by SMS, text message, email and other electronic means. Your carrier's normal messaging, data and other rates and fees will apply to these communications.  You are not required to provide this consent to receive marketing messages as a condition of using the Manhattan Meow Service, and you may opt-out of receiving these messages and calls at any time as described in our Privacy Policy Section.

7. Fees and Payment

7.1 Pet owners may purchase Pet Care/Sitting Services from a Service Provider by completing a Booking.  You enter into a transaction directly with the Service Provider when you make a Booking, and you agree to pay the total fees indicated in the Booking.  Except where otherwise specifically indicated on our Website, service fees are determined by Manhattan Meow. The total amount pet owners are charged for a Booking may also include a service fee payable to Manhattan Meow. Where required by law, the amount charged may also be inclusive of applicable taxes.

7.2 To be able to pay for Pet Care/Sitting Services on Manhattan Meow Site, the pet owner will be required to provide Manhattan Meow with valid, up-to-date credit card. Pet owner authorizes Manhattan Meow to charge the credit card for fees he/she incurs to the Pet Sitter on the Manhattan Meow Website as they become due and payable. Pet owners are responsible for maintaining up-to-date payment information. If Manhattan Meow cannot charge the pet owner for fees when due because the payment information is no longer valid, or if Manhattan Meow does not receive the payment when due, then pet owner understands that neither Manhattan Meow nor the Service Provider will be responsible for any failure to provide services associated with those fees.  Except as expressly provided in these Terms, all fees paid via the Manhattan Meow Service are non-refundable once paid. 

7.3 You acknowledge that you are solely responsible to pay any taxes that arise as a result of your purchase or use of Services via the Manhattan Meow Service.  This includes, without limitation, any form of sales tax or income tax on fees paid or received through the Manhattan Meow Service.

8. Cancellation, Refund, and Reservation Policy

8.1 Reservation Protection. Manhattan Meow can help you find replacement pet Sitters when Service Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation and other variables.

8.2 Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or pet owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from hurricane, wildfire or other natural disaster. In such cases Manhattan Meow may, in its reasonable discretion, issue refunds under terms that vary from our cancellation policy.

8.3 Substandard Services. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care/Sitting Services as agreed with the pet owner or otherwise in accordance with these Terms then we may, in our reasonable discretion, cancel a Booking.

8.4 General Terms for Cancellations. If you wish to cancel a Booking, you should use the tools available through the Manhattan Meow Website to do so. For purposes of the policies and terms in this Cancellation & Refunds Section the date of cancelation is the date that a user cancels through the Manhattan Meow Website, regardless of any separate communications between users outside of the Manhattan Meow Site.

8.5 Payment Disputes. Payment Outside of the Manhattan Meow Service. Manhattan Meow issues payments to Service Providers the later of 48 hours after completion of a Booking or payment by the payment provider. Once these amounts have been disbursed, any further payment disputes are between the pet owner and Service Provider, and Manhattan Meow has no obligation to mediate or facilitate any resolution. Further, Manhattan Meow has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Manhattan Meow Service.

9. Background Checks for Service Providers

9.1 Pet owners are fully responsible to evaluate and investigate their chosen Service Providers. While Manhattan Meow performs background checks on Service Providers, be aware of the following limitations in Manhattan Meow’s Background Checks. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Checking agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions.

10. Indemnity

10.1 Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MANHATTAN MEOW HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) TRANSACTIONS AND INTERACTIONS, ONLINE OR OFFLINE, WITH OTHER USERS OF THE MANHATTAN MEOW SERVICE; (2) BREACH OF THESE TERMS; (3) DISPUTES WITH OTHER USERS OF THE MANHATTAN MEOW SERVICE; (4) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION APPLICABLE LAW; (5) PROPERTY DAMAGE OR PERSONAL INJURY TO THIRD PARTIES CAUSED BY YOUR PET; (6) YOUR CONTENT; OR (7) YOUR USE OF ANY BACKGROUND CHECK INFORMATION INVIOLATION OF THE FAIR CREDIT REPORTING ACT (FRCA) OR OTHER APPLICABLE LAW. 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. 

11. Limitation of Liability

11.1 In no event will Manhattan Meow be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Manhattan Meow Service, including without limitation damages related to any information received from the Manhattan Meow Service, removal of your profile information or review (or other content) from the Manhattan Meow Service, any suspension or termination of your access to the Manhattan Meow Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Manhattan Meow Service, even if we are aware of the possibility of any such damages, losses or expenses.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MANHATTAN MEOW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE MANHATTAN MEOW SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE MANHATTAN MEOW SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE MANHATTAN MEOW SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

12. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MANHATTAN MEOW AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

12.1 Arbitration Agreement. Claims. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 12.9 below, you and Manhattan Meow (together, the “Parties”) agree that any and all disputes or claims that arise between you and Manhattan Meow relating to the Manhattan Meow Service, interactions with others on the Manhattan Meow Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved  as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (2) claims that, as a matter of applicable law, cannot be made subject to arbitration.

12.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 12.9 below, you agree that any and all Claims (other than Excluded Claims) 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 (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. 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.

12.3 Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND MANHATTAN MEOW AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 12.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MANHATTAN MEOW AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MANHATTAN MEOW USERS.

12.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at [manhattanmeow@gmail.com] or by mail at [212 East 95th Street Suite 6A New York, NY 10128].  If the issue is not resolved and results in arbitration, the parties agree that the arbitration shall be administered by JAMS, pursuant to Section 12.5.

12.5 Arbitration Procedures. The arbitration will be administered by JAMS and conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties.  For information on JAMS, please visit its website, https://www.jamsadr.com/.  The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference.  You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason.  If there is any inconsistency between the JAMS Rules and this Agreement, the terms of this Agreement will control unless the arbitrator determines that the application of the inconsistent Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Terms of Service as a court would, including without limitation, the limitation of liability provisions. 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 enforceable in court and may be overturned by a court only for very limited reasons.

The arbitration will be held in New York, New York. If the value of the relief sought is $10,000 or less, you and Manhattan Meow may mutually elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Manhattan Meow 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 Manhattan Meow, unless the arbitrator requires otherwise.

12.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Manhattan Meow, with the prevailing party entitled to recover Arbitration Fees, except where prohibited by applicable law.   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 Manhattan Meow for all fees associated with the arbitration paid by Manhattan Meow on your behalf that you otherwise would be obligated to pay under the JAMS Rules.

12.7 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.

12.8 Severability.  If any term, clause or provision of this Arbitration Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Agreement will remain valid and enforceable.

12.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 12.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time.

You must mail the Opt-Out Notice to 212 East 95th Street Suite 6A New York, NY 10128. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Manhattan Meow Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, the arbitration provisions will not apply with respect to you, but the remainder of Terms of Service will continue to apply.

12.10 Future Changes to this Arbitration Agreement.  Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Manhattan Meow prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Manhattan Meow prior to the effective date of removal.

13. Miscellaneous

13.1 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.  This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

Hold Harmless Agreement

Manhattan Meow LLC

This agreement (the “Agreement”) is established and entered into as of the day the owner creates an account on Manhattan Meow (the “Effective Date”) between Manhattan Meow LLC, (the “Company”), a limited liability company existing under the laws of the State of New York, with its principal office at 212 East 95th Street, Suite 6A, New York NY 10128, and the “owner” (each a “Party” and collectively the “Parties”).

WHEREAS, in exchange for valuable consideration, the owner desires to hold harmless the Company from any claims and/or litigation arising out of the Independent Contractor(The Pet Sitter) ’s performance of the work of providing the pet-sitting services. 

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties herein agree as follows:

TERMS

1. Hold Harmless. The Owner shall fully defend, indemnify, and hold harmless the Company from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the Company, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorney’s fees, and related costs or expenses, and any reimbursements to the Company for all legal fees, expenses, and costs incurred by it.

2. Authority to Enter Agreement. Each Party warrants that the individuals who have singed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.

3. Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other conveat or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

5. Attorney’s Fees and Costs. If any legal action or proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of the fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under New York law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under New York law.

8. Applicable Law. This Agreement shall be governed exclusively by the laws of New York, without regard to conflict of law provisions.

9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of New York. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge the jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring any other jurisdiction or venue. 

IN WITNESS WHEREOF, the Parties, intending to be legally bound, have each executed this agreement as of the day the owner creates an account on Manhattan Meow / Effective Date.

Manhattan Meow LLC

If you have any questions about anything in these Terms, please contact us via email at info@manhattanmeow.com