Last Updated: August 26, 2020
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, 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 18 of the Terms for additional detail.
1. Use of The Site. Pettable, Inc., a Delaware corporation (“Pettable”), operates the website located at www.pettable.com (the “Site”). Pettable offers online teleadvice and teletriage services (each as defined by the American Veterinary Medical Association) using interactive audio, video, and other telecommunications technologies (including, but not limited to, text messaging, online chat, and digital video conferencing) (the “Services”) enabling Pettable’s users (“Users”) to report the health history of their pets and obtain Services from veterinary professionals and other pet professionals (e.g., behaviorists, trainers, groomers, etc.) (“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.
Pettable (and those acting on its behalf) may send you text (SMS) messages at the phone number you provide to Pettable. Those messages may include operational messages about your use of the Site. You may opt out of receiving operational text messages at any time by sending an email to email@example.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a short period while Pettable processes your request and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Site provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Site. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. Pettable also may send you e-mails concerning Pettable’s products and services (and potentially products and services of third parties). You may opt out of promotional emails by following the unsubscribe instructions in the promotional email.
2. Limited Scope of Services; No Veterinarian-Client-Patient Relationship. By using the Site and receiving Services, you: (i) acknowledge and agree that your use of the Site and receipt of Services is for general informational and educational purposes only to assist you in independently making veterinary medical care decisions for your pet and not to obtain a diagnosis, prognosis, treatment, or prescription medication for your pet; (ii) acknowledge and agree that Pettable does not provide telemedicine services (as defined by the American Veterinary Medical Association) and that you are not seeking or expecting telemedicine services from Pettable; and (iii) understand and agree that use of the Site and receipt of the Services is not a substitute for an in-person evaluation of your pet by your local veterinarian with whom you and your pet have a valid veterinarian-client-patient relationship (“VCPR”). Any information provided to you by Pettable or its Providers does not constitute veterinary or any other professional medical advice and does not suggest or propose a specific course of action for you with respect to your pet. No VCPR shall be formed between you, your pet, and Pettable or its Providers as a result of you using the Site and receiving Services. The laws, rules, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question or situation may differ depending on your location and information discovered through in-person evaluations or visits. Providers providing the Services may be licensed, certified, educated, employed by, or have experience in only particular jurisdictions or within particular fields. Communications with any Providers are not confidential and shall not be the subject of any associated privileges. Communications with Providers are inherently limited, as described above, and do not involve in-person evaluations or visits or safeguards or procedures typical of in-person evaluations and visits. For the avoidance of doubt, in order for a veterinarian to diagnose, treat, provide a prognosis, or prescribe medication for your pet (collectively, “VCPR Services”), you must have established a valid VCPR with a veterinarian for your pet under applicable law. The Site and the Services provided by Pettable shall not in any way be construed as an attempt to create a VCPR or provide VCPR Services. The requirements of a valid VCPR may vary state to state. If you intend to obtain VCPR Services for your pet, you must obtain those VCPR Services from a veterinarian or other medical provider other than the Providers available through Pettable and the Site.
All of the Providers who deliver Services through Pettable are independent professionals solely liable for the Services each provides to you and your pets. Pettable does not practice veterinary medicine or any other licensed profession. Pettable does not interfere with the practice of veterinary medicine or any other licensed profession by Providers, each of whom is responsible for his or her Services and compliance with the requirements applicable to his or her profession and license. Pettable may impose basic quality control standards for the Services from time to time, but those quality control standards shall in no way be interpreted as Pettable: (i) interfering with the practice of veterinary medicine or any other licensed profession of a Provider; or (ii) practicing veterinary medicine or any other licensed profession. 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.
Electronic (including audio and video) or phone communications via the Site are not confidential or privileged and will not be the subject of any associated confidences or privileges. You understand and agree that all such communications may be recorded for training and quality control purposes and for review and assessment by your Provider and/or your regular veterinarian.
YOU CONSENT TO THE EXCHANGE AND RELEASE OF INFORMATION AND RECORDS (INCLUDING COMMUNICATIONS RECORDED IN CONNECTION WITH THE SERVICES) RELATED TO YOUR PET BETWEEN AND FROM YOUR REGULAR VETERINARIAN (OR OTHER VETERINARY FACILITY THAT HOLDS SUCH RECORDS), PETTABLE, AND YOUR PROVIDER. PETTABLE MAY STORE YOUR PET’S MEDICAL RECORDS IN PETTABLE’S SYSTEM SO THAT PROPER SERVICES AND CARE MAY BE RENDERED.
3. Site Content. None of the Site content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for your pet. 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.
4. Informed Consent.
(a) Pettable’s Services utilize interactive audio, video, and other telecommunications technology where the pet owner, the pet, and the Provider are not in the same physical location. During your pet’s consultation with a Provider, details of your pet’s health history and health status information may be discussed with you through the use of interactive audio, video, and other telecommunications technology, and your Provider may ask for your assistance to conduct an assessment of your pet through those technologies.
(b) The Services you receive from Providers are not intended to replace a primary care veterinary relationship or be your permanent veterinary medical service, but rather augment those services. You should seek emergency help or follow-up care: (i) when recommended by a Provider; (ii) if your pet appears in pain; (iii) if there appears to be a risk of injury to human or animal; or (iv) when otherwise needed. Despite your use of the Site, you should continue to consult with your primary veterinarian and other pet and veterinary professionals as recommended. You may make arrangements for follow-up care either through Pettable or other veterinary providers. Among the benefits of Pettable’s Services are improved access to Providers and convenience. However, similar to receiving any veterinary service, there are potential risks associated with the use of Services, including, but not limited to, the possibility that information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate care decision-making by the Provider. In addition, delays in evaluation or treatment could occur due to failures of the audio, video, or other telecommunications equipment. If this happens, you may be contacted by phone or other means of communication. It is possible that a lack of access to all of your pet’s health records or other relevant information (including, but not limited to, historical, medical, and behavioral information) may result in allergic reactions or other judgment errors.
(c) By accepting the Terms and using the Site, you acknowledge that you understand and agree that no results can be guaranteed or assured, despite any anticipated benefits from the use of the Services or the Site. Your Provider may determine that the Services are not appropriate for some or all of your pet’s treatment needs and may consequently elect not to provide Services for your pet through the Site.
(d) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY GO TO YOUR NEAREST VETERINARY TREATMENT FACILITY.
5. 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.
6. 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 and refrain from contacting Providers for the Services or any other veterinary services outside of 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.
7. Fees; Purchase Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time Services are rendered and you acknowledge that the fees, charges, and billing terms could change during the course of your Pettable subscription. By providing Pettable with your credit card number or Google Pay account and associated payment information (and potentially other additional payment options in the future), you agree that Pettable is authorized to immediately invoice your Account for all fees and charges due and payable to Pettable and that no additional notice or consent is required. You acknowledge and agree that you shall be personally responsible for all expenses incurred in connection with the Services you request. Pettable reserves the right to modify or implement a new pricing structure at any time.
You may be entitled to a refund if: (i) Pettable encounters a technical issue that results in the inability of your Provider to complete a consultation (this excludes device or Internet connection issues on your end to access the consultation or Service); or (ii) your Provider is unable to provide you with any information, guidance, or advice regarding your pet, as determined by Pettable in its sole discretion. You will not be entitled to a refund for any reason without Pettable’s consent, which may be granted or withheld in Pettable’s sole discretion. If you believe you are entitled to a refund, please contact Pettable promptly after Services are rendered via email to firstname.lastname@example.org. Pettable will then verify whether you are entitled to a refund and, if appropriate, complete the refund as soon as possible.
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.
8. 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.
9. 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.
10. 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.
11. 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@example.com. 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.
12. 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.
13. 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.
You further acknowledge and agree that Pettable does not provide veterinary medicine advice, diagnoses, prognoses, treatment plans specific to particular pets, prescription medications, or any other services that the American Veterinary Medical Association advises requires a VCPR, and that Pettable and its Site is strictly a technology platform and infrastructure for connecting pet owners with independent third-party Providers, including veterinarians and other pet or veterinary professionals in the Pettable network, to provide teleadvice and teletriage Services. 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.
14. 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.
15. 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, your violation of the Terms. 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, 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.
16. 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.
17. Disclosures. All Providers on the Site must present evidence of applicable professional licenses upon initially being permitted to use the Site. However, Pettable does not monitor the compliance by Providers with their applicable licensing requirements. Professional licenses are issued by professional veterinary 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 veterinary licensing board or other applicable regulatory authority in the state where you received your Services.
18. Dispute Resolution; Arbitration.
(a) Generally. Subject to Section 18(b) and Section 18(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.
(b) Exceptions. Despite the provisions of Section 18(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.
(c) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 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, 3400 S. Jesse James Circle, Sioux Falls, South Dakota 57103, 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 18 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 19. 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.
(d) 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.
(e) 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, 3400 S. Jesse James Circle, Sioux Falls, South Dakota 57103. 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.
(f) Fees. If you commence arbitration in accordance with this Section 18, 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 Sioux Falls, South Dakota. 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.
(g) 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.
(h) Modifications to this Arbitration Provision. If Pettable makes any future change to the arbitration provisions of this Section 18, 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 18, 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.
(i) Enforceability. If all or any material portion of Section 18 is found to be unenforceable or if Pettable receives an Opt-Out Notice from you, then the entirety of this Section 18 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 19 will govern any action arising out of or related to the Terms, your use of the Site, and your receipt of Services.
19. 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 South Dakota 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 Sioux Falls, South Dakota, for any action related to the Terms, your use of the Site, and your receipt of Services, unless the arbitration provisions of Section 18 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.
Please report any violations of the Terms to firstname.lastname@example.org.
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, 3400 S. Jesse James Circle, Sioux Falls, South Dakota 57103. Pettable will promptly terminate the Accounts of Users that are determined by Pettable to be repeat copyright infringers.