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PET PIT STOP, INC.

PET OWNER TERMS OF SERVICE

Last Updated: October 20, 2020

These Pet Owner Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Pet Pit Stop, Inc. (“Pet Pit Stop,” “we,” “us,” “our”). You acknowledge and agree that your use of the Pet Pit Stop platform (the “Platform”) through Pet Pit Stop’s mobile application (the “App”) will be governed by this Agreement, our Privacy Policy, and any related terms.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected].

Your use of our App or Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR APP, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN.

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

1. INTRODUCTION TO PET PIT STOP

Our Pet Pit Stop Platform provides veterinary and pet care services to pet owners by connecting them to veterinary services providers, including registered technicians and veterinarians at local veterinary hospitals. We help veterinary hospitals reduce workplace stress and grow their customer base by allowing pet owners to book appointments with them via our secure, cloud-based Pet Pit Stop Platform. Through our Pet Pit Stop Platform, pet owners can request a telehealth call with a registered veterinary technician and/or a veterinarian.

Pet owners can add their pets to the Pet Pit Stop Platform by creating a pet profile, which will be shared with shared with the veterinary hospital in order to assist with medical services for the pets. Through the Pet Pit Stop Platform, pet owners can view and download their pet’s medical history as well as vaccination reports that are provided by the veterinary hospital where the pet is treated. Pet owners can view the location of veterinary hospitals (address, phone, images, etc.) for the purposes of booking an appointment, learning about the facilities, getting directions, and other information about the veterinary hospitals. The Pet Pit Stop Platform also allows pet owners to use, collect, gift, and redeem Pet Coins, which is a virtual currency used to discount future purchases (rewards program).

2. TERRITORIAL RESTRICTION

Our App and Platform are only available for use and download in the United States. Our App and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our App or Platform. If you are a resident of the United States (“US”), the laws of the State of California shall apply. If you are a resident of any other country, please ensure compliance with all local laws prior to using our App or Platform. You must comply with these Terms of Service and our Privacy Policy.

If you have any questions regarding this Section, please email us at [email protected].

3. PRIVACY POLICY

Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our App or Platform. You understand that through your use of our App or Platform, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by Pet Pit Stop and our affiliates.

4. ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our App or Platform, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our App or Platform, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our App or Platform for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our App or Platform.

5. REGISTRATION

To use our App and Platform, you need to set up an account (“Account”). When you set up an Account, you will need to provide information that may include your name, email address, phone number, payment method, and other personal information, as well as your pet’s information, such as your pet’s name, species, breed, birthday, weight, sex, and vaccination and other medical history. You will also need to create a password (“Password”). You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone outside of your practice.

You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Password or Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. Pet Pit Stop reserves the right to take any and all action, as it deems necessary, regarding the security of our App and Platform and your Account Information. Under no circumstances shall Pet Pit Stop be held liable to you for any claims or damages resulting from or arising out of your use of our App and Platform, your use of the Account Information, or your release of the Account Information to a third party.

6. TELEHEALTH SERVICES

Through our App and Platform, you can request a telehealth call with a veterinary services provider, such as a registered veterinary technician and/or a veterinarian. This is a paid feature that is accessible via subscription or one-time payment. A telehealth call request is a phone call request within a preferred range of time between you and a registered veterinary technician and/or a veterinarian. To request a telehealth call, you must complete a simple form to inform the veterinary hospital of the pet, symptoms, reason for call request, and any notes and images relevant to the evaluation of the pet.

You agree and acknowledge that Pet Pit Stop is not liable to you for any claims or damages resulting from or arising out of your use of the telehealth services. You also agree that Pet Pit Stop may share information about you and your pet with the veterinary services provider in connection with the services provided to you through our App and Platform.

7. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our App or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our App or Platform and content made available in or otherwise accessible through our App or Platform, strictly in accordance with this Agreement.

You will not use, copy, adapt, modify, prepare derivative works based upon our App or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our App or Platform, except as expressly permitted in this Agreement. When using and accessing our App or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR APP OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO PET PIT STOP FOR THE ABILITY TO ACCESS OR USE OUR APP OR PLATFORM.

8. ACCESS AND SERVICE RESTRICTIONS

You agree that our Platform, including but not limited to the App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Pet Pit Stop and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our App or Platform, in any manner, and you will not exploit our App or Platform in any unauthorized way whatsoever, including but not limited to, using our App or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our App or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our App or Platform.

9. RESERVATION OF RIGHTS

You acknowledge and agree that our App and Platform are provided for your use. Except to the extent necessary to access and use our App or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our App or Platform, whether expressly, by implication, estoppel, or otherwise. Pet Pit Stop and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our App and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

10. ACCESS RIGHTS

If you want to access and use our App, please go to your Google Play Store or Apple App Store to download the App. When downloading and using our App and Platform, you are required to provide us with registration information including personal information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy. You agree to cooperate with us if the security of our App or Platform is compromised by you or another person through the use of our App or Platform. We will not be liable for any loss or damage arising from your failure to comply with this Section.

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our App or Platform. This information is necessary for us to provide our App or Platform to you and is stored on our servers to enable us to continue to provide our App or Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our App or Platform to you. Please send your requests to us at [email protected]

11. REQUIRED CONDUCT AND PROHIBITED CONDUCT

As a condition to access our App or Platform, you agree to this Agreement and to strictly observe the following:

  1. Required Conduct

    1. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
    2. Provide accurate information to Pet Pit Stop and update from time to time as may be necessary;
    3. Review our Privacy Policy; and
    4. Review and comply with notices sent by Pet Pit Stop, if any, concerning our App or Platform.

  2. Prohibited Conduct

    1. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our App or Platform (excluding any user content);
    2. Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our App or Platform, or any part thereof;
    3. Utilize information, content or any data you view on and/or obtain from our App or Platform to provide any service that is competitive with us;
    4. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Pet Pit Stop unless you have entered into a written agreement with us;
    5. Adapt, modify, or create derivative works based on our App or Platform or technology underlying our App or Platform, or other users’ content, in whole or in part;
    6. Rent, lease, loan, trade, sell/re-sell access to our App or Platform or any information therein, or the equivalent, in whole or part;
    7. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
    8. Use automated methods to add contacts or send messages;
    9. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
    10. Attempt to or actually access our App or Platform by any means other than through the interface provided by Pet Pit Stop;
    11. Attempt to or actually override any security component included in or underlying our App or Platform;
    12. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
    13. Remove any copyright, trademark, or other proprietary rights notices contained in or on our App or Platform, including those of both Pet Pit Stop or any of our licensors;
    14. Use any information obtained from our App or Platform to harass, abuse, or harm another user; or
    15. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

12. PET PIT STOP COMMUNICATIONS

You understand and agree that you may receive information and push notifications from Pet Pit Stop via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Pet Pit Stop.

  1. Email Contact. We may send promotional messages about us and our products and services related to our App and Platform to your email. When you send us a query email at [email protected], you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Service and our Privacy Policy.
  2. Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our App and Platform.

13. PAYMENT

Our App and Platform are currently provided to you at no cost. To use our telehealth services, you will have to pay a subscription fee or make a one-time payment. In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 21 or as otherwise specified in another agreement between Pet Pit Stop and you.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold Pet Pit Stop and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Pet Pit Stop and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

15. DISCLAIMERS

Your access to and use of our App and Platform or any content are at your own risk. You understand and agree that our App and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our App or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our App or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our App or Platform; and (iv) whether our App or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our App or Platform, will create any warranty or representation not expressly made herein.

16. LIMITATION OF LIABILITY

You acknowledge and agree that, in no event will Pet Pit Stop be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our App or Platform, including, without limitation, any information made available through our App or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our App or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Pet Pit Stop may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Pet Pit Stop’s liability will be the minimum permitted under applicable law.

17. TERMINATION

You may terminate this binding legal Agreement with Pet Pit Stop by providing thirty (30) days prior written notice, with a possible termination charge.

We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our App or Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for Pet Pit Stop; or (iii) our provision of our App or Platform to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our App or Platform.

All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.

18. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our App or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our App or Platform that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and email address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Pet Pit Stop’s Copyright Agent to receive DMCA Takedown Notices is Nima Shariatian, at [email protected] or at Pet Pit Stop, Inc., Attn: DMCA Notice, 892 6th St., Norco, California 92860. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Pet Pit Stop in connection with the written notification and allegation of copyright infringement. 

19. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

20. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our App or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our App or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.

21. MODIFICATIONS

We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on our App or Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of our App or Platform shall constitute your consent to such changes.

22. RELATIONSHIP OF PARTIES

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Pet Pit Stop to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Pet Pit Stop.

23. GOVERNING LAW

This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles.  Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Riverside County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.

24. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PET PIT STOP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Binding Arbitration

    Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Pet Pit Stop agree (a) to waive your and Pet Pit Stop’s respective rights to have any and all Disputes arising from or related to this Agreement or the use of our Website, App, or Platform, resolved in a court, and (b) to waive your and Pet Pit Stop’s respective rights to a jury trial. Instead, you and Pet Pit Stop agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).
  2. No Class Arbitrations, Class Actions or Representative Actions

    You and Pet Pit Stop agree that any Dispute arising out of or related to these Terms of Service or use or access of our App or Platform is personal to you and Pet Pit Stop and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Pet Pit Stop agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Pet Pit Stop agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
  3. Federal Arbitration Act

    You and Pet Pit Stop agree that these Terms of Service affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
  4. Notice; Informal Dispute Resolution

    You and Pet Pit Stop agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Pet Pit Stop shall be sent by certified mail or courier to Pet Pit Stop, Inc., Attn: Nima Shariatian, 892 6th St., Norco, California 92860. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Pet Pit Stop account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Pet Pit Stop cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Pet Pit Stop may, as appropriate and in accordance with this Section, commence an arbitration proceeding.
  5. Process

    EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND PET PIT STOP AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR PET PIT STOP WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND PET PIT STOP WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Pet Pit Stop agree that  (a) any arbitration will occur in Riverside County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
  6. Authority of Arbitrator

    As limited by the FAA, these Terms of Service and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA Rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
    The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
  7. Rules of AAA

    The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
  8. Severability

    If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law. 
  9. Opt-Out Right

    YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION BY WRITING TO: PET PIT STOP, INC., RE: OPT-OUT, 892 6th St., Norco, California 92860. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 23.  

25. MISCELLANEOUS

This Agreement along with our Privacy Policy constitutes the entire agreement between you and Pet Pit Stop and supersedes any prior agreements between you and Pet Pit Stop with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our App or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Pet Pit Stop shall be given by certified mail, postage prepaid and return receipt requested to Pet Pit Stop, Inc. at 892 6th St., Norco, California 92860. Any notices to you shall be provided to you through our App or Platform or given to you via the email address or physical address you provide to Pet Pit Stop during the registration process.