Last Updated: March 18, 2022
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under the Terms will be resolved by binding, individual arbitration and, BY ACCEPTING THE TERMS, YOU AND PETTABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Please refer to Section 19 of the Terms for additional detail.
- Use of The Site. Pettable, Inc., a Delaware corporation (“Pettable”), operates the website located at www.pettable.com (the “Site”). Pettable helps its users (“Users”) potentially obtain an Emotional Support Animal (“ESA”) Letter by providing access to a licensed or qualified mental health professional (“Providers”). By accessing and using the Site, you agree to be bound by the Terms and all other terms and policies that appear on the Site. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
The Pettable mobile message service (the "Service") is operated by Klaviyo. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Pettable via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (844) 991-3088 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Pettable mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 991-3088 or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- Limited Scope of Services; No Doctor-Patient Relationship. The Site is not intended to solicit clients or patients, and the Site’s content is educational and informational in nature and is provided only as general information and is not, and should not be relied upon as, medical or psychological advice, opinion, diagnosis, treatment, or a guarantee of any kind or nature whatsoever. The Site is not intended to create and does not constitute any professional relationship between Pettable (or any of its officers, directors, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the Providers. Even if those providing information via the Site display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Site. The information provided through the Site should not be used for diagnosing or treating a health problem or disease because such information is not comprehensive and does not include all of the potential information regarding the subject matter. You acknowledge and agree that the Providers using the Site are solely liable for, and will have complete authority, responsibility, supervision, and control over the provision of, all Services, subject to basic quality control standards and other requirements imposed by Pettable from time to time. Neither Pettable nor any third parties who promote the Services or provide you with a link to the Site shall be liable for any damages allegedly caused by the professional advice or Services you or your pet obtains from a Provider via the Site.
- REFUND AND CANCELLATION POLICY
Our refund and cancellation policy ensures that our team of licensed health care professionals (“LHCP”) are effectively allocating their support to those in need. Once your order is placed, there is a $30 administration fee if a refund is requested before you have signed the LHCP consent form. Once signed, your order is non-refundable, unless you meet the following two reasons: (1) you do not qualify for an ESA letter after your consultation as determined by the licensed mental health professional or (2) if your landlord does not accept your ESA letter after filing a complaint with HUD. We have a strict refund and cancellation policy to ensure the licensed healthcare professionals we work with are effectively allocating their support to those who need their help. If an exception is made at our sole discretion outside this window for extenuating circumstances, up to a $30 cancellation fee will apply. All express consultation costs are non-refundable, as these orders are processed immediately and given priority attention by your LHCP. Once your order is placed, you will be contacted with a consent form. If you opted for express service, it is your responsibility to reply to your LHCP with your consent within 24 hours. Once your LHCP has received your consent form, they will schedule your consultation to make certain you qualify for an ESA. If an exception is made at our sole discretion for extenuating circumstances and your priority order is cancelled, the rush delivery fee will be forfeited. If you do not provide your LHCP with your consent forms within 24 hours, you will not be issued a refund for the expedited delivery fee under any circumstance. We do not give refunds for extra document service orders or ESA letter amendments unless the additional documents are not accepted by the relevant authority and a claim has been filed with the appropriate department (e.g. not accepted by landlord and claim filed with Housing and Urban Development).
For California Residents: Effective January 1, 2022, new law AB 468, requires those seeking an ESA letter for dogs to establish a client-provider relationship with the individual for at least 30 days prior to providing documentation, which will result in having two consultations before qualifying. The 100% money back guarantee still applies should you not qualify for a letter or if your landlord does not accept it after filing a complaint with HUD.
Ultimately, it is up to the landlord or airline to accept your ESA letter. Landlords may not comply with ESA rules and may illegally deny your federally protected right to be accompanied by an ESA. Not all airlines accept emotional support animals and they are not obligated under U.S. law to do so. If your landlord or airline rejects your ESA request in violation of your rights or the airline’s policy you must first file a claim with the appropriate department and share the claim number before we can process a full 100% refund. If your landlord or airline denies your ESA letter due to a valid reason under the Fair Housing Act or the airline’s policy – for example, if your ESA poses a threat to the health and safety of others or has damaged property, then we cannot promise a full refund and will be subject to an admin fee up to $30. A PSD letter requires you to self-certify to third-parties that your animal is a fully trained service dog that meets ADA, FHA, ACAA or other assistance animal legal standards. Our 100% Money Back Guarantee applies if your licensed healthcare professional determines after an assessment that you do not qualify for an ESA letter or PSD letter. We work with integrity-driven LHCPs who deny if a client will qualify for an ESA letter or PSD letter. Our LHCP’s compensation is not based on whether a client qualifies for an ESA Letter or PSD letter. Seeking the help of a mental health professional can be difficult, both emotionally and financially; to ensure that everyone who receives a consultation gets the help they need, even if your LHCP is unable to recommend an ESA or issue a PSD letter, we will return 100% of your purchase at our expense so you can seek help in other ways. If you are unsure about your order please reach out to us first with any questions.
Finally, please note that ESAs are governed by various laws and regulations and neither we nor your LHCP can predict how these rules will evolve. Your LHCP is compensated for their time in evaluating you and issuing a letter if you qualify. You agree that no refunds will be issued if there is a change in any of these rules that prevents or restricts your ESA from being accommodated in any circumstance, including for housing and air travel, or otherwise affects your rights as an ESA owner. For the avoidance of doubt, refunds will not be issued if your airline is no longer accommodating emotional support animals. Refunds for PSD letters will not be issued for any reason.
- Site Content. Although Pettable makes reasonable efforts to ensure that the content of the Site is correct and up-to-date, Pettable cannot guarantee, and make no representations or warranties regarding, the accuracy, completeness, reliability, or usefulness of the Site. Pettable reserves the right to change, add, or remove some or all of the content on the Site or temporarily or permanently discontinue all or any portion of the Site at any time without notice or obligation of any kind. The Site and the Services are intended for use only in the United States. Pettable makes no representation or warranty that the Site or Pettable’s Services are appropriate or available for use in locations outside of the United States. Persons using the Site or receiving Services outside of the United States do so at their own risk, and Pettable shall have no liability with respect to such users located outside of the United States.
- User Accounts. When you register on the Site, you are required to create an account (in each case, an “Account”) by entering your name, e-mail address, password, and certain other information collected by Pettable (collectively, “Account Information”). To create an Account, you must be at least 18 years old and of legal age to form a binding contract. If you are not of legal age to form a binding contract, you cannot register to use the Services or the Site. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Pettable reserves the right to take any and all action that it deems necessary or reasonable in its sole discretion regarding the security of the Site, your Account, and your Account Information. In no event and under no circumstances shall Pettable be held liable to you for any claims, liabilities, losses, or damages resulting from or arising out of your use of the Site, your Account, your Account Information, or your release of your Account Information to a third party. You may not use anyone else’s Account at any time for any reason. The Site is not directed to children. Children are not eligible to use the Site or the Services. If Pettable later obtains actual knowledge that a user is under 18 years old or not of legal age to form a binding contract, Pettable will take steps to remove that user’s personal information from Pettable’s databases. By using the Site, you represent that you are at least 18 years old. For the security of your Account, you will notify Pettable immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account Information.
- Licenses. Pettable hereby grants you a limited, non-exclusive, and nontransferable right to access the Site and use the Services solely for your personal, non-commercial use and only as permitted under the Terms and any separate agreements you may enter into with Pettable from time to time. Pettable reserves the right, in its sole discretion, to deny or suspend use of the Site or Services to anyone for any reason or no reason at all. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site or the Services; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site, or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from vulgar or abusive language when communicating with Providers through the Site. You also agree that you will not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable. You acknowledge that Pettable does not pre-screen any content, but that Pettable shall have the right (but not the obligation) to refuse, move, or delete any content that is available via the Site. Pettable shall also have the right to remove any content from the Site that violates the Terms or is otherwise objectionable in Pettable’s sole discretion. Pettable expressly disclaims any liability or responsibility for interactions with Providers that are not conducted exclusively through the Site. Pettable strongly recommends that you do not use the Services on public computers. Pettable also recommends that you do not store your Account password in your web browser or other software.
Certain features of the Site may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (in each case, “User Content”) and to publish User Content on the Site. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. By providing User Content to or via the Site, you grant Pettable a worldwide, non-exclusive, royalty-free, and fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media format(s) and through any media channels, whether now known or hereafter developed. If a Provider or another User requires access to your User Content, you grant those Providers or Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
By submitting payment to use Pettable’s services, you agree and acknowledge that Pettable shall be permitted to retain your payment to Pettable if: (i) Pettable makes a reasonable effort to follow up with you to schedule a therapist appointment, and (ii) you ultimately do not schedule or attend an appointment with a therapist coordinated by Pettable. (iii) you do not sign the electronic signature documents sent to the email address that you used at the time of billing.
Pettable may make promotional offers available with different features and different rates to any or all of Pettable’s Users in Pettable’s sole and absolute discretion. Those promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Site or receipt of Services. Pettable may change the fees for the Services in its sole and absolute discretion from time to time.
- Website Links. Pettable WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES, INTERNET LOCATIONS, SOURCES OF INFORMATION, OR THEIR RESPECTIVE OPERATORS. Pettable may provide tools through the Site that enable you to export information to third party services, including through features that allow you to link your account on Pettable with an account on a third party service such as Facebook, Twitter, Instagram, or other website or through implementation of third party buttons (such as “like” or “share” buttons). By using one of those tools, you agree that Pettable may transfer that information to the applicable third party service. Those third party services are not under Pettable’s control and, to the fullest extent permitted by law, Pettable is not responsible for any third party service’s use of your exported information. Services may also contain links to third party websites. Linked websites are not under Pettable’s control, and Pettable is not responsible for their content.
- Intellectual Property Ownership. The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Pettable, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except as generally and ordinarily permitted through the Site according to the Terms. You must not access or use any part of the Site or any Services or materials available through the Site for any commercial purposes.
- Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of Pettable or third parties. You are not authorized to use any such Marks without the express written permission of Pettable. Ownership of all such Marks and the goodwill associated therewith remains with Pettable or such third parties.
- Account Deactivation. You may deactivate your Account and end your registration at any time for any reason or no reason by sending an email to [email protected]. Pettable may suspend or terminate your use of the Site, your Account, and/or registration for any reason or no reason at any time. Subject to applicable law, Pettable reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to Pettable’s internal record retention and/or content destruction policies. After such deactivation, Pettable will have no further obligation to provide any Services to you or otherwise owe any other obligation to you.
- Right to Modify. Pettable may change, add, or delete portions of the Terms at any time on a going-forward basis in Pettable’s sole and absolute discretion. Continued use of the Site and/or Services following notice of any such changes, additions, or deletions will be deemed to be your acknowledgement of such changes and agreement to be bound by such changes, additions, or deletions.
- Reviews. Consumers generally may not be expected to achieve the same or similar results as others who have used the Services and who have subsequently written or recorded reviews, testimonials, or endorsements. Pettable posts these reviews for informational purposes only, and Pettable does not claim that you, or a significant number of consumers, will experience the same or similar results as mentioned in these reviews. Results experienced by any one individual who has provided a review is not necessarily what you, or any given consumer, should expect to experience. Any information that could be regarded as a review, testimonial, or endorsement on the Site does not constitute a guarantee, warranty, or prediction by Pettable regarding the outcome of any past, ongoing, or future conversation or interaction with you.
- Disclaimer of Warranties; Release. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PETTABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, RELIABILITY OF PERFORMANCE, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
The Site neither offers nor constitutes legal advice. Pettable makes no claims, guarantees, or warranties regarding rights or obligations you may have under federal or state disability or other laws. Pettable does not provide any representation or certification that any User has a disability or is entitled to accommodation under applicable laws. Pettable does not guarantee that private individuals or governmental entities will agree with any position that any User may take. Pettable does not guarantee that, if you purchase one of our products or services, you will be diagnosed with a disability or receive an ESA Letter from a Provider or receive accommodation generally afforded to the legally disabled. If you are not legally disabled, then you may not be entitled to accommodation rights under applicable laws, and any information, Services, or products received via this Site may confer no benefit upon you. There is no guarantee that any third party will accord the User any right or courtesy. Even though you may have an ESA Letter from a Provider, this in no way guarantees that you will qualify as “disabled” under federal or state law, or receive any particular accommodation by any airline, hotel, restaurant owner, or any other third party. An ESA is not a “service dog” and may not necessarily be accorded the same level of accommodation.
Pettable expressly disclaims aby and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site or through Pettable or through anyone using the Site or trained by Pettable. Pettable is not liable for any unfair business practices by third parties. Pettable does not guarantee that any person’s use of the Site is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections.
- Limitation of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PETTABLE OR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ATTORNEYS, ACCOUNTANTS, SUCCESSORS, OR ASSIGNS (EACH OF THE FOREGOING, A “PETTABLE PARTY”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, EVEN IF PETTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. To the extent that Pettable cannot, as a matter of applicable law, disclaim any implied warranty or limit Pettable’s liabilities, the scope and duration of such warranty and the extent of Pettable’s liability will be the minimum permitted under such applicable law.
Notwithstanding the above, Pettable’s sole liability to you for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, will be limited to the amount you paid for any product or service you purchased from Pettable; provided, that any claims arising out of or in connection with your use of the Site must be brought within one (1) year after the event giving rise to such action occurred. You understand and agree that your use of the Site is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Site.
- Assumption of Risks. You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to Pettable or you), relating to your access to and activities with respect to the Site and Site content, or relating to any activity, information, or service, provided by Pettable or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Site or Site content or use therein.
- Indemnification. You acknowledge and agree that, in consideration of your use of the Site, you agree to indemnify, defend, and hold harmless Pettable and all other Pettable Parties from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees and costs (all of the foregoing, “Claims”), resulting from, or alleged to result from: (i) your violation of the Terms or of applicable laws or regulations; (ii) your use of or reliance on the information presented on the Site; or (iii) any content you uploaded to the Site. In addition, in consideration of your use of the Site, you agree to indemnify, defend, and hold harmless your Provider(s) from and against any third-party Claims resulting from your lack of adherence with the general information, educational materials, or advice provided by such Provider. Pettable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pettable or any other Pettable Party, and you agree to cooperate with Pettable’s defense of such Claims. You agree not to settle any matter without the prior written consent of Pettable. Pettable will use reasonable efforts to notify you of any such Claim, action, or proceeding upon becoming aware of it.
- Geographical Restrictions. Pettable makes no representation that all Services described on or available through the Site are appropriate or available for use in locations outside the United States or territories of the United States. All financial transactions will be processed in U.S. dollars (unless the payment options provided by Pettable allow for automatic conversion of U.S. dollars to and from other currencies). The Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that could or would subject Pettable to any registration, licensing, permitting, application, or other legal, statutory, or regulatory requirement within such jurisdiction or country.
- Disclosures. All Providers on the Site must present evidence of applicable professional licenses or qualifications upon initially being permitted to use the Site. However, Pettable does not monitor the compliance by Providers with their applicable licensing or qualification requirements. Professional licenses are issued by professional licensing boards in the states where the Providers practice and other regulatory authorities. You may report a complaint relating to Services provided by a Provider by contacting the professional licensing board or other applicable regulatory authority in the state where you received your Services. Pettable may receive a fee from Providers for use of Pettable’s platform and technology and various other services. However, this does not imply endorsement of a particular Provider.
- Dispute Resolution; Arbitration.
- Generally. Subject to Section 19(b) and Section 19(c), in the interest of resolving any disputes between you and Pettable in the most expedient and cost-effective manner, in consideration of your use of the Site and receipt of Services, you and Pettable agree that every dispute arising in connection with the Terms, your use of the Site, or your receipt of Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may entail more limited discovery than in litigation (and therefore lower discovery costs), and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms, your use of the Site, or your receipt of Services, regardless of whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms or the deactivation of your Account. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS AND USING THE SITE, YOU AND PETTABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND ARE AGREEING TO ARBITRATE ALL DISPUTES.
- Exceptions. Despite the provisions of Section 19(a), nothing in the Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in a small claims court in the United States; (ii) pursue an enforcement action through the applicable federal, state, or local agency, if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file a lawsuit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date on which you first agree to the Terms and commence using the Site (the “Opt-Out Date”) by sending a letter to Pettable, Inc., Attention: Legal; Arbitration Opt-Out, 22 N. 6th St, Brooklyn, NY 11249, which specifies your full legal name, the e-mail address associated with your Account on the Site, and a clear, simple statement that you wish to opt out of arbitration (an “Opt-Out Notice”). Once Pettable receives your Opt-Out Notice, this Section 19 will be void with respect to your use of the Site and receipt of Services, and any action arising out of the Terms, your use of the Site, or your receipt of Services will be resolved as set forth in Section 20. The remaining provisions of the Terms will not be affected by an Opt-Out Notice. If Pettable receives your Opt-Out Notice after the Opt-Out Date, your Opt-Out Notice shall be void and have no legal effect.
- Arbitrator. Any arbitration between you and Pettable will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”), as modified by the Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Pettable. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. If you or Pettable intend to pursue arbitration, the party seeking to initiate arbitration must first send a written notice of the dispute to the other party by certified U.S. mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by e-mail (a “Notice of Arbitration”). A Notice of Arbitration sent to Pettable must be sent to Pettable, Inc., Attn: Legal – Notice of Arbitration, 22 N. 6th St, Brooklyn, NY 11249. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim or dispute directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Pettable may commence an arbitration proceeding. All arbitration proceedings between the parties will be strictly confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Pettable must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
- Fees. If you commence arbitration in accordance with this Section 19, the payment of your filing fee and any other arbitration fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will be solely responsible for the payment of all arbitration fees regardless of the AAA Rules. In that case, you also agree to reimburse Pettable for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND PETTABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pettable agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Pettable makes any future change to the arbitration provisions of this Section 19, other than a change to Pettable’s address for a Notice of Arbitration or Opt-Out Notice, you may reject the change by sending Pettable written notice within 30 days of the change to Pettable’s address for submitting a Notice of Arbitration, in which case your Account with Pettable will be immediately deactivated and terminated, and the arbitration provisions of Section 19, as in effect immediately prior to the changes you rejected, will survive and continue to apply to you, your prior use of the Site, and your prior receipt of Services.
- Enforceability. If all or any material portion of Section 19 is found to be unenforceable or if Pettable receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void with respect to you, your use of the Site, and your receipt of Services, and, in that case, the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to the Terms, your use of the Site, and your receipt of Services.
- Other Provisions. You may not assign or transfer the Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without Pettable’s prior written consent. Pettable may assign the Terms at any time without notice or consent. The Terms and your use of the Site and receipt of Services shall be governed by the laws of the State of Florida without giving effect to the principles of conflict of laws. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Miami, Florida, for any action related to the Terms, your use of the Site, and your receipt of Services, unless the arbitration provisions of Section 19 apply to you.
You understand that by checking the “Agree” box for the Terms and/or any other forms presented to you on the Site, you are agreeing to the Terms and that such action constitutes a legal signature and creates a binding, enforceable legal agreement. You agree that Pettable may send to you any privacy or other notices, disclosures, or communications regarding the Site or the Services (collectively, “Communications”) through electronic means, including, but not limited to: (1) by e-mail using the e-mail address that you provided to Pettable during registration, or (2) by posting the Communications on the Site and/or to your Account. The delivery of any Communications is effective when sent by Pettable regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by e-mail by deactivating your Account and ceasing to use the Site and receive Services.
No waiver by Pettable of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pettable to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole agreement between you and Pettable relating to your use of the Site and the Site content, and no representations, statements or inducements, oral or written, not contained in the Terms will bind either you or the Company.
Please report any violations of the Terms to [email protected].
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send Pettable a notice requesting that the material be removed or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. In accordance with the DMCA, Pettable has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Pettable, Inc., Attn: Legal – Copyright Infringement Notice, 22 N. 6th St, Brooklyn, NY 11249. Pettable will promptly terminate the Accounts of Users that are determined by Pettable to be repeat copyright infringers.