Welcome to the website www.mypetwill.com, and its responsive mobile version (collectively, the “Site”), owned and operated by PETWILL LLC (the “Company”).
The terms “we,” “us,” and “our” refer to the Company. The terms “you,” “your,” “yours,” “Customer,” or “User” refer to the customer and/or user of the Services.
1 THE SERVICES.
The Company provides a multifaceted platform by which, among other things, it sells to its Customers (i) an engraved pet identification tag (the “ID Tag”), which contains identifying information that will be linked to a customized online pet profile (the “Profile”) on the Site created by the customer and (ii) the downloadable PetWill. The sale of the ID Tags and the PetWill, together with the provision and maintenance of the online database of each Profile is referred to herein as the “Services.”
Thus, by typing in the unique identifying Website address link (“Pet ID”) contained on the ID Tag, the Company’s customer, the customer’s family, friends, neighbors, first responders, or anyone with access to the Profile, will have access to the pet's care instructions, diet, medication, veterinarian's contact information, photographs of the pet, and the contact information of no more than three successor guardians of the pet, among other information that the pet owner may choose to provide (collectively, the “Identifying Information”). For the avoidance of doubt: the Customer will not be able to upload a copy of the completed, notarized PetWill to your Profile or the Site; however, the Customer may include in the Profile the Identifying Information, some of which will also appear in the PetWill.
Our primary goal in providing the Services is to ensure that no pets are abandoned, hurt, or worse, as a result of their owner/guardian’s sudden unavailability, hospitalization, incapacitation, or passing.
(i) Acceptance of Terms. By accessing and using the Site and Services, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
(ii) Amendment of Terms. The Company may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms to the Site. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the amended Terms.
(iii) Additional Terms. In addition to these Terms, when using particular products, services or features, you may also be subject to any additional posted guidelines and rules applicable to such product, service, or feature, which may be posted and amended from time to time.
All such additional terms are hereby incorporated by reference into the Terms.
3 ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS.
(i) Eligibility Criteria. The availability of all or part of our Site is limited to the following criteria: (a) you are 18 years of age or older; (b) you are a resident of the United States; and (c) you have never been suspended, removed, or terminated from the Site. You understand and agree that we may disallow you from subscribing to the Company or terminate your access to the Site at any time based on these criteria.
THOSE WHO CHOOSE TO ACCESS THE SITE, DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, AND PRIVACY.
(i) Account Registration. At the time you create a Profile, the Company shall collect from you the following information: (a) the owner/guardian’s first and last name; (b) the owner/guardian postal address; (c) the owner/guardian’s e-mail address; (d) the owner/guardian phone number; as well as (e) the pet’s identifying information; (f) pet’s care instructions; and (g) pet’s veterinarian contact information (collectively, the “Profile Data”). The Profile Data is not private and may be viewed by anyone with access to your pet’s Pet ID. You understand and acknowledge that we are not liable for any unauthorized use or misuse of the Profile Data by any third party. In the event you choose to also prepare a PetWill, the Company may also collect contact information of the successor trustees, successor guardians, and beneficiaries, of your PetWill.
(ii) Account Information. You agree the information you provide to the Company at registration and at all other times will be true, accurate, current, and complete. You also agree you will ensure this information is kept accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
4 THE COMPANY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. The Company provides a platform through which it makes available the PetWill, a downloadable template of a pet trust. The information provided by the Company along with the content on the Site related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of the PetWill or any related forms, or apply the law to the facts of your situation. If you need legal advice for your specific situation, you agree to consult with a licensed attorney in the applicable jurisdiction. Neither the Company nor any information provided by it is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. Your use of the Services does not create an attorney-client relationship between you and the Company, nor between you and any employee or representative of the Company.
In the event that, in connection with customizing, finalizing, and/or executing your PetWill, you contact or are contacted by any attorney, including, without limitation, any attorney that is a member of PetWill's Affiliate Network Program, we are not liable for any services or advice that they render to you. An attorney's membership in the PetWill Affiliate Network Program is not an endorsement by us of that attorney or a representation or warranty of the qualifications or competency of such attorney and/or his/her services. WE SHALL NOT BE HELD LIABLE FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY THAT YOU RETAIN IN CONNECTION WITH THE PETWILL. ANY RETENTION OF OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK AND GOVERNED BY YOUR AGREEMENT WITH ANY SUCH ATTORNEY.
5 OWNERSHIP OF THE PET.
You may use our Site to prepare a PetWill only for pets you legally own. You may not add to the PetWill any pets you do not own. To the extent your PetWill includes a provision for the care or adoption of your pet by a third party such as, without limitation, a spouse, partner, relative, friend, a rescue organization, shelter, humane society, or breeder, such designated third party must recognize you as the registered owner. If you are not the registered owner of a pet, you should instruct the registered owner to create the PetWill.
6 PET PROFILE.
The Profile on the Site includes a photo field where you may upload up to four photos of each of your pets included in your PetWill. We recommend, as your pet ages, you should update the photos on their Profile. Likewise, we recommend you keep current all other information within the Profile, including, without limitation, your contact information, the pet’s physical description, care instructions, diet, medical needs of your pet, veterinarian’s contact information, microchip identification, license number, and the contact information of no more than three successor guardians. The Profile Data is not private and may be viewed by anyone with access to your pet’s Pet ID. You understand and acknowledge that we are not liable for any unauthorized use or misuse of the Profile Data by any third party.
7 THE REGISTRATION PROCESS.
The registration process with the Company consists of three distinct steps: First, you will initiate an online Profile, providing your pet's name, description, care instructions, diet, veterinarian's contact information, medical history, list of medications, license or breeder's number, microchip id number, up to four photographs of your pet, your e-mail address, , which shall be your account username, and an eight-character password of your choosing, both of which you will need to fully access and use the Site. Second, you will complete the Profile by providing your contact and shipping information and your credit card information to complete the purchase of the PetWill and shipping of the ID Tag. You shall have the option, but will not be required, to provide contact information to include on the back of the ID Tag, together with your pet’s name. The front of the ID Tag will bear the website link to your pet’s Profile. Third, upon receipt of the ID Tag, which is linked to the Profile of the pet who was named in the PetWill, complete all the required fields necessary to prepare the PetWill, download the PetWill with the populated fields for completion and execution as set forth in section 8, below. Take extra care to spell your pet’s name and your name correctly on all forms and documents. We are not responsible for any misspellings that appear on the Profile, ID Tag, or Petwill.
A completed Profile is not a substitute for an executed, PetWill that must be signed and notarized before two witnesses to take effect. To the extent that you intend to prepare a PetWill, you may do so, by following the steps outlined in Section 8, below. After you have completed all of the required fields of the multi-step registration process, we will provide you with a 4-digit password necessary to view and access your PetWill document in PDF format. Once you are logged in on the Site, your PetWill document password will be stored under "View / Edit Existing PetWill" in the “My Account” field. This 4-digit password cannot be changed.
8 THE PETWILL.
It is up to you whether to use all of the features of the PetWill. For example, you may choose one alternate Pet Guardian, instead of the suggested three. Further, you may choose only one alternate Successor Trustee, instead of the suggested three. You determine what assets you will direct toward the lifetime care of your pets, if any. However, you understand and acknowledge that if you provide no resources for the care of your pets, then your named Pet Guardian may become personally and financially responsible for the pet’s care. We suggest you choose each of your Pet Guardians and Trustees carefully. We cannot and do not guarantee that the individuals or organizations you choose will carry out the terms of the PetWill.
Notwithstanding the preceding paragraph, by agreeing to these Terms, you understand and agree that, by skipping steps, and leaving blank some parts of the PetWill, you will reduce the effectiveness of our products. The PetWill is a comprehensive legal template that contains many provisions. You understand and agree that preparing a PetWill requires a commitment of time, care, and attention from you, and you may benefit from advice of an independent qualified attorney to ensure your PetWill is consistent with your intentions and enforceable under the laws of your jurisdiction. We do not provide any customer support with respect to legal questions. The completed PetWill, together with any schedules or attachments, must be notarized and witnessed by two independent witnesses to have legal effect. All parties must be present at the time the PetWill is executed and notarized. You may incur costs in addition to the Price of the PetWill, including, without limitation, the notary fees. We recommend you keep the executed, original PetWill in a safe place, together with your other estate planning, legal documents, financial information and records.
You further understand and agree, to the extent that, in the PetWill, you designate anyone as a successor guardian of your pet or a successor trustee, all such designees must also sign the PetWill. It is your sole responsibility to obtain all the necessary signatures and notarizations.
To the extent you wish to make any changes to an existing PetWill, you can edit the information that you previously provided, which will remain available for you on the Site. As with the original PetWill downloadable/printable legal template, in order to be enforceable, any revised PetWill, , together with any schedules or attachments, has to be printed and signed by you in the presence of two witnesses and notarized.
The PetWill you download from the Site is a fillable template only. This template may not be an enforceable legal document, and the Company does not purport to represent otherwise. You understand that your purchase, download, and/or use of a legal template that you obtain from the Site, and any prompts on the Site to aid you in completing the template, is neither legal advice nor the practice of law, and that each template and any applicable instructions or guidance is not customized to your particular needs. You should consult with an independent qualified attorney to ensure your PetWill meets your expectations, is enforceable under the laws of your jurisdiction, and is consistent with your other estate planning instruments.
9 OWNERSHIP AND PRESERVATION OF YOUR DOCUMENTS.
The Company does not claim ownership of any documents you either create or upload and store using our Services ("Documents"). You grant permission for the Company to use your Documents in connection with providing Services to you. You acknowledge and agree the Company may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of the Company, its Users and the public. You understand the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree the Company has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.
(i) Price. The price for the first PetWill each Customer orders is $15.95. One ID Tag and One accompanying Online Pet Profile are included at no additional charge with the purchase of the PetWill. The price to add each additional pet to your existing PetWill is $9.95 and includes an ID Tag. The price for duplicate Pet ID Tags for each pet is $9.95. The Company reserves the right to change the Price at any time and without prior notice to or consent of the Customer.
(ii) Method of Payment. You may pay for any product or service the Company provides, including, without limitation the ID Tag or PetWill with a credit card, processed through Stripe, or via the PayPal payment option.
In connection with any PayPal purchases, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor the Company shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and the Company may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source. By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source, and agree to the terms of service of PayPal (https://www.paypal.com/webapps/mpp/ua/useragreement-full).
(iii) Billing Concerns. If you have any billing questions or concerns, you may contact the Company by submitting this form. A Company team member will respond to your inquiry within seven (7) business days.
(iv) Refund Policy. We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by submitting this form, so we can help you resolve the issue. If you find upon delivery your customized tags contain missing or errant information, please let us know within 24 hours of receipt, by submitting this form with a photograph of the tag, and we will replace the tag within seven (7) business days.
However, because the services and products we offer are custom and customizable, we will not offer any refunds for any reason.
(v) Other fees. The Company charges no other fees for the use of the Site and Services.
11 REFERRAL COMMISSION/PETWILL AFFILIATE PROGRAM.
Please see our Affiliate Program Agreement. Should you wish to join the Affiliate Program, you do so subject to the terms of the Affiliate Program Agreement.
12 THE GIFT OF AN ID TAG AND A PETWILL.
13 THE COMPANY’S DONATION COMMITMENT.
Consistent with its mission statement to safeguard millions of pets, the Company has made a commitment to donate from its annual net profits, directly to deserving local animal shelters or pet rescue organizations. At the end of each year, the Company will, in its sole discretion, determine which local shelters and rescue organizations will receive the donations. The locations of donation recipients will be based on the location of all of the Customers for that particular year. No User or Customer shall have any input or involvement in connection with the Company’s selection of the donation recipients, and no right to force the Company to make a donation to any particular shelter or rescue organization.
14 SOCIAL MEDIA SHARING.
Any e-mail addresses, Facebook names, or Twitter handles you provide to the Company in the Share Field shall be used by the Company for the singular purpose of transmitting one e-mail or a single social media post, on your behalf, whereby you announce your purchase of our Services and the creation of a PetWill. After the e-mail or post is transmitted, the Company will not retain or store the third party contact information you provided.
15 CONSENT TO RECEIVE EMAILS.
By creating a Profile, you agree you may receive communications from the Company, such as newsletters, special offers, and account reminders and updates. You also understand you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email. You must re-subscribe in order to receive future communications.
16 TERMINATION OR MODIFICATION BY THE COMPANY.
The Company reserves the right to block any Customer’s account for misuse of the Services or a violation of the Terms.
(i) Termination or Modification.
You understand and agree that, at any time and without prior notice, the Company may (a) terminate, cancel, deactivate and/or suspend your account, any orders placed, or your access to or use of the Site (or any portion thereof) and/or (b) discontinue, modify or alter any aspect, feature or policy of the Site. This includes the right to cancel any purchases already made but not yet processed or delivered. Upon any such cancellation, we will issue you a refund for any such purchases. You agree that, with the exception of refunding the purchase price, the Company will not be liable to you or any third party for any termination or modification to the Services regardless of the reason for such termination or modification.
(ii) Infringing or Fraudulent Activity.
The Company does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your use of the Site and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.
18 PROHIBITED CONDUCT.
Users are prohibited from the following conduct:
- Harassing, threatening, or defrauding other Customers, or PetWill's team members;
- Impersonating another person or accessing another Customer’s account without that person’s permission;
- Misrepresenting the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Uploading material (e.g. virus) that is damaging to the Site, computer systems or data of the Company, or its Customers
- Uploading copyrighted material that is not your own or you do not have the legal right to distribute, display, and otherwise make available to others; or
- Uploading, sharing, or posting via the Site, including without limitation, in the Profile and the PetWill, any pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content, including any content that is disparaging of the Company.
In the event that you engage in any of the above-described prohibited conduct, the Company reserves the right, in its sole and absolute discretion, to refuse to provide its Service, suspend or terminate your account, remove or edit content, and/or cancel any pending orders.
19 PROHIBITED USES.
Users are prohibited from engaging in the following:
- Using the Site for any purpose that is unlawful or prohibited by these Terms, including without limitation, for your own commercial, advertising, or marketing purpose, or in the Company’s sole and absolute discretion, could damage, disable, overburden, or impair the Company or interfere with legitimate use and enjoyment of the Site;
- Attempting to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site;
- Modifying the Site in any manner or form, or using modified versions of the Site, including without limitation obtaining unauthorized access to the Site; and
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without the Company’s express written permission or bypass the Company’s robot exclusion headers or other measures the Company may use to prevent or restrict access to the Site.
In the event that you engage in any of the above described prohibited uses, the Company reserves the right, in its sole and absolute discretion, to refuse to provide its Service, suspend or terminate your account, remove or edit content, and/or cancel any pending orders.
20 OWNERSHIP; PROPRIETARY RIGHTS.
The Company website and any mobile application are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by the Company (“Materials”) are protected by the copyright, trade dress, patent, and trademark laws of Canada, the Unites States, the United Kingdom and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content posted by Customers, all Materials contained on the Site are the copyrighted property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third-party licensors. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
21 LICENSE GRANT.
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered user of the Services, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on the Site. You may not copy the content of the Company’s forms for use in connection with any other purpose that does not comply with the Terms. Any rights not expressly granted in these Terms are reserved by the Company.
When you transmit user content on the Site, you hereby grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Resale or unauthorized distribution of materials purchased or downloaded from the Site is strictly prohibited. Use of these materials is for your personal use only. Any resale or redistribution of our materials requires the express, written consent of the Company.
22 THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
The Site may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor and are not legally associated with any third party Linked Sites. We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link. We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) the Company will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) the Company does not warrant or support any service provided by the third party.
Except as explicitly stated otherwise, with respect to the Company, any legal notices will be served, on the Company’s national registered agent, CT Corporation System, and, with respect to you, to the email address provided to the Company at the time of registration. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified t the email address is invalid.
24 DISCLAIMERS; NO WARRANTIES.
The Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Company, on behalf of itself and its suppliers and strategic partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, the Company does not warrant or make any representations (i) that the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site or the server that makes them available are free of viruses or other harmful components, or (ii) regarding the use of the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site in terms of correctness, accuracy, reliability, or otherwise. Any material or data you download or otherwise obtain through the Site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.
As part of our mission statement, the Site states, "Our Pet ID Tags may help to locate your pets in case they are lost." This statement is not, and shall not be construed as a guaranty the ID Tag will help you locate your pets in case they are lost. In the unfortunate event your pet is lost or abandoned for any reason, the Company shall not be liable for any such loss, abandonment or failure to locate.
The Company sells two types of ID Tags: tags made of stainless steel, with engraved text on the front and back sides, and tags made of plastic, with engraved text on one side. We make no claim as to the durability of any of the ID Tags. The ID Tags may be damaged, destroyed, or rendered illegible with use over any amount of time. You understand and agree you may have to replace the ID Tags throughout the life of your pets, at your own cost. Replacement tags are available at an additional cost.
Any statistical figures cited by the Company on the Site or in connection with the Services may not be accurate or current. All information is published for general information only, and in no event does the Company guaranty or warrant its accuracy, reliability or completeness.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
25 INDEMNIFICATION; HOLD HARMLESS.
You agree to indemnify and hold the Company, its affiliates, agents and assigns, harmless from any claims, losses, damages, liabilities, including attorneys’ fees and costs, arising out of your use of the Site, violation of these terms, or violation of the rights of any other person or entity.
26 LIMITATION OF LIABILITY AND DAMAGES.
Under no circumstances will the Company or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise.
The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether the Company has been advised of the possibility of such damages.
The Company's aggregate liability for all claims relating to the services shall in no event exceed the greater of $500 or the amount paid by you to the company for the 12 months preceding the services in question.
27 COPYRIGHT POLICY.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on our Site infringes upon any copyright that you own or control, you may file a DMCA Notice of Alleged Infringement with
The Company’s Designated Copyright Agent:
Four Embarcadero Center, Suite 1400
San Francisco, CA 94111
Attn: Legal Department
28 ARBITRATION AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly by emailing our Customer Service Department by submitting this form. You may also email our legal department by submitting this online form.
However, if we are not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution ("JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, San Francisco (CA), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to the Company should be addressed to:
Four Embarcadero Center, Suite 1400
San Francisco, CA 94111
Attn: Legal Department
Any notice to you shall be sent to your address as set forth in your Profile, or such other legal address as the Company is able to identify.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Notwithstanding our agreement to arbitrate disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
(i) Either you or the Company may assert claims, if they qualify, in small claims court in San Francisco, California or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
(ii) The Company may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
(iii) The Company may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
In the event the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of San Francisco, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
The Company may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below. Continued use of the Services shall amount to your consent to any such Modifications.
(i) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You agree any claim or dispute you may have against the Company must be resolved by a court located in San Francisco County, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within San Francisco County for the purpose of litigating all such claims or disputes.
(ii) Assignment. The Company may assign its rights and obligations under these Terms. The Terms will inure to the benefit of the Company’s successors, assigns and licensees.
(iii) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(iv) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
(v) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and the Company relating to the subject matter herein.
(vi) Claims; Statute of Limitations. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(vii) Waiver. No waiver of any of these Terms by the Company is binding unless authorized in writing by an executive officer of the Company. In the event the Company waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of the Company to enforce the same at a later time.
This page was last modified on 9/16/2016.