Your Better Pet Life Starts Today
Please read the following Terms of Service (“Terms”) carefully as they affect your legal rights. These Terms contain an arbitrationagreement that requires the use of arbitration on an individual basis toresolve certain types of disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is setforth in the “Dispute Resolution” section below.
These Terms govern your use of our products and services,including any content or information provided as part of our website (the “Site”) or such related products, services or websites collectively, the “Services”), which are owned or operated by BetterPet (“BetterPet”, “we”, “our”or “us”), a subsidiary of Pet Screening, Inc. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to you individually.
We take your privacy seriously. Your submission ofpersonally identifiable information through the Site is governed by our Privacy Policy, available here. Please read these Terms carefully before you access the Services, as theseTerms form a binding legal agreement between you and BetterPet. The form andnature of the content and all information posted on the Site is subject tochange without notice. Your continued access of the Site after such changesconclusively demonstrates your acceptance of those changes.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THESERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS ASTHEY MAY BE AMENDED FROM TIME TO TIME.
You agree that we shall not be liable to you or to any thirdparty for any modification, suspension or discontinuance of the Site, in wholeor in part, or of any service, information and materials contained herein,software used to make the Site, or feature or product offered through the Site.We reserve complete and sole discretion with respect to the operation of the Services. We also reserve the right to withdraw, suspend, or discontinue anyfunctionality or feature of the Services at any time.
1. Overview of Services
Betterpet provides a variety of digital resources and tools forpet owners, including access to a curated library of educational articles and productevaluations to assist you in making informed decisions for your pet’swell-being. Please be advised that all content and tools provided through ourplatform are for informational and educational purposes only and do notconstitute professional veterinary advice, diagnosis, or treatment. Byaccessing our services, you acknowledge that Betterpet is not a medicalprovider and that any reliance on the information provided is at your own discretion; always seek the advice of a licensed veterinarian regarding anymedical condition or health goals for your pet.
2. Limited License; Permitted Use; Ownership
The Services provided by BetterPet are licensed, not sold.Subject to the terms and conditions herein, BetterPet grants you a limited,revocable, non-transferable, nonsublicensable, non-exclusive license and rightto access the Services through a generally available mobile device or webbrowser. This license is personal to you, and you may not resell our Services,permit other users access to our Services through your account, or use theServices to host information for others. Any commercial use not expresslyauthorized is prohibited. You acknowledge that, except as otherwise expresslyprovided, these Terms are solely between you and BetterPet. Your rights aresubject to your compliance with these Terms as well as any other agreementsapplicable to the Services you are using.
The Site, all of the information and materials containedherein, and the software used to make the Site available are and shall remainthe property of BetterPet and its licensors and suppliers, and are protected,without limitation, pursuant to U.S. and foreign copyright, trademark, patentand/or other proprietary rights and laws. You do not acquire any right, titleor interest therein by virtue of accessing the Site or making use of thepermitted uses allowed under these Terms. You may not copy or download any informationfrom the Services except with the prior written approval of BetterPet.Furthermore, without the prior written approval of BetterPet, you may notdistribute, publicly perform or display, lease, sell, transmit, transfer,publish, edit, copy, create derivative works from, rent, sub-license,distribute, decompile, disassemble, reverse engineer or otherwise makeunauthorized use of the Services. You agree not to remove, obscure, or altercopyright, patent, trademark, or other proprietary rights notices affixed tothe Services.
The trademarks, logos, service marks, brand identities,title, characters, trade names, graphics, designs, copyrights and otherproperties (collectively the “Trademarks”) displayed on the Site areprotected intellectual property that include registered and unregisteredtrademarks of BetterPet and others. Nothing contained on the Site should beconstrued as granting, by implication, or otherwise, any license or right touse any Trademark displayed on the Site without the written permission of BetterPetor such third party that may own the Trademark. Your misuse of the Trademarksdisplayed on the Site, or any other content on the Site, except as providedherein, is strictly prohibited.
Making unauthorized copies or distribution of BetterPetinformation or otherwise violating these Terms may result in the termination ofyour BetterPet account, prohibition on use of the Services, and further legalaction. BetterPet reserves the right to limit your use of or access to theServices, in its sole discretion in order to maintain the performance andavailability of the Services and to enforce these Terms.
BetterPet is not liable for the loss, corruption, alterationor removal of any information transmitted using our Services. By using ourServices, you expressly waive the right to seek damages and agree to hold BetterPetharmless for any such loss, alteration, corruption or removal.
3. Your Eligibility; Your Responsibility
To be eligible to use the Services, you represent andwarrant that you: (a) are at least 18 years of age, or otherwise over the ageof majority in the jurisdiction in which you reside; (b) are not currentlyrestricted from the Services and are not otherwise prohibited from having anaccount related thereto; (c) will only maintain one account at any given time;(d) have full power and authority to enter into these Terms and doing so willnot violate any other agreement to which you are a party; and (e) will notviolate any rights of BetterPet or a third party.
By registering for our Services, you represent and warrantthat all information you submit to us is true and accurate. You assume allresponsibility for your use of, and access to, the Services. Accounts are for asingle user. Any multiple-party use is prohibited. For example, sharing a loginbetween individual users is prohibited. You acknowledge and agree that you are solelyresponsible for protecting your password and other personal information and forthe consequences of not protecting such data. You shall use your best effortsto prevent unauthorized use of our Services or your account and shall promptlyreport to BetterPet any suspected unauthorized use or other breach of security.You agree not to transfer your account to another party and not to use theaccounts of others.
4. User Content
We may include features on the Site that allow you to shareyour information, comments, reviews, ideas, concepts and other texts, photos,pictures and other images (together referred to as “User Content”) withus and other users of the Site. By sharing User Content through the Site, yourUser Content may become publicly accessible.
You hereby grant to BetterPet a worldwide, non-exclusive,transferable, royalty-free, perpetual, irrevocable right and license, withoutcompensation to you:
A. to use, reproduce, distribute, adapt (including withoutlimitation edit, modify, translate, and reformat), derive, transmit, displayand perform, publicly or otherwise, such User Content, in any media now knownor hereafter developed, for our and our affiliates’ business purposes;
B. to sublicense the foregoing rights, through multipletiers, to the maximum extent permitted by applicable law; and
C. to use User Content as news or information in any and allmedia and for advertising or promotional purposes, whether or not in connectionwith your submission.
The foregoing licenses shall survive any termination of youruse of the Site. For all of the User Content you share through the Site,you represent and warrant that you have all rights necessary for you to grantthese licenses, and that such User Content, and your provision or creationthereof through the Site, complies with all applicable laws, rules, andregulations and does not infringe or otherwise violate the copyright,trademark, trade secret, privacy or other intellectual property or other rightsof any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any“moral rights” or other rights with respect to attribution of authorship orintegrity of materials regarding each item of User Content that you submit.
Please note that we do not solicit or encourage submissionsof User Content containing ideas or suggestions relating to the Site or ourbusiness. If you send us any ideas or suggestions, regardless of thetopic, we will have no obligations with respect to such ideas or suggestions(including without limitation, confidentiality and/or compensation) and may usethem for any purpose whatsoever. You understand and acknowledge that we haveboth internal resources and other external resources that may have developed,or may in the future develop, ideas identical to or similar to any ideas orsuggestions or comments to suggestions you may submit. Any idea or suggestionyou submit to us shall be subject to the foregoing User Content policy andterms.
You acknowledge and agree that we reserve the right (buthave no obligation) to do one or all of the following, at our sole discretion:(i) evaluate User Content before allowing it to be posted on the Site; (ii)monitor User Content; (iii) alter, remove, reject, or refuse to post or allowto be posted, without notice to you, any User Content, for any reason or for noreason whatsoever; provided, however, that we shall have no obligation orliability to you for failure to do so or for doing so in any particular manner;and/or (iv) disclose any User Content, and the circumstances surrounding theirtransmission, to any third party in order to operate the Site; to protect usand our employees, officers, directors, shareholders, agents, andrepresentatives, and the Site’s users and visitors; to comply with legalobligations or governmental requests; to enforce these Terms; or for any otherreason or purpose.
As between you and BetterPet, you own the information,materials, photos, or other data you provide BetterPet under these Terms. Wemay use any information that you upload or otherwise provide to BetterPet inconnection with the Services in order to provide and promote the Services or BetterPet’sbusiness. Accordingly, you grant to BetterPet, and all of its subsidiaries,affiliates, successors, and assigns, a worldwide, perpetual, royalty-free,fully paid, sublicensable, non-exclusive, and transferable right to use, sell,publish, reproduce, distribute, modify, prepare derivative works of, adapt,publicly display and otherwise use the information. Such right to use such informationshall survive the termination of these Terms and termination of the Services.You authorize us to use, forward, or post your profile or related informationon other sites and services. Any information you submit to us is provided atyour own risk of loss. BetterPet is not responsible for the content of the informationthat you submit that is uploaded to, stored on, or otherwise processed by theunderlying hardware or software used to provide the Services. You are solelyresponsible for all information you share, provide, display, publish, ordisseminate to others, whether such action was taken by us or you. By providinginformation to us, you represent and warrant that you are entitled to submit itand that it is not confidential and not in violation of any law, contractualrestrictions or other third-party rights (including any intellectual propertyrights). BetterPet may also remove or delete your information from the Servicesat any time in its sole discretion.
5. Acceptable Use Policy
You agree to comply with all applicable laws and regulationsin connection with your use of the Site. You may not use our Site to post ortransmit any illegal material, including without limitation any transmissionsthat would constitute a criminal offense, give rise to civil liability, orotherwise violate any local, state, national or international law orregulation.
You may not (and you expressly agree that you will not) doany of the following, which violate these Terms:
A. Post, upload, share, transmit, distribute, facilitatedistribution of, or otherwise make available, through or in connection with theSite:
B. Use the Site for any fraudulent or unlawful purpose.
C. Use the Site to defame, abuse, harass, stalk, threaten orotherwise violate the legal rights of others, including without limitationothers’ privacy rights or rights of publicity, or harvest or collect personallyidentifiable information about users of the Site.
D. Impersonate any person or entity, including withoutlimitation any representative of BetterPet or an affiliate; falsely state orotherwise misrepresent your affiliation with any person or entity in connectionwith the Site; or express or imply that we endorse any statement you make.
E. Interfere with or disrupt the operation of the Site orthe servers or networks used to make the Site available; or violate anyrequirements, procedures, policies or regulations of such networks.
F. Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
G. Use the Site to advertise or offer to sell or buy anygoods or services for any business purpose, without BetterPet’s express priorwritten consent.
H. Reproduce, duplicate, copy, sell, resell or otherwiseexploit for any commercial purposes, any portion of, use of, or access to theSite.
I. Modify, adapt, translate, reverse engineer, decompile ordisassemble any portion of the Site.
J. Remove any copyright, trademark or other proprietaryrights notice from the Site or materials originating from the Site.
K. Frame or mirror any part of the Site without our expressprior written consent.
L. Create a database by systematically downloading andstoring User Content or other material from the Site.
M. Use any robot, spider, site search/retrieval applicationor other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information from the Site or reproduce or circumvent thenavigational structure or presentation of the Site.
Additionally, you acknowledge and agree that you (and not BetterPet) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access anduse the Site, and paying all charges related thereto.
BetterPet enforces a zero-tolerance SPAM policy regardinginformation transmitted through our network. BetterPet may determine in itssole discretion whether any transmissions are considered SPAM. SPAM includes,but is not limited to, the following:
If BetterPet determines that you have posted one or morearticles of SPAM, we may cancel your account immediately and take steps toprevent you from using the Site at any time thereafter.
You agree not to use the Site for the purpose of recruitingfor another website or service that offers competing functionality to the Site.
6. Third-Party Content & Websites
We do not control, and we are not responsible for, any data,content, services, or products (including software) that you access, download,receive or buy while using the Site. We may, but do not have any obligation to,block information, transmissions or access to certain information, services,products or domains to protect the Site, our network, the public or our users.We are not a publisher of third-party content accessed through the Site and arenot responsible for the content, accuracy, timeliness or delivery of anyopinions, advice, statements, messages, services, graphics, data or any otherinformation provided to or by third parties as accessible through the Site.
From time to time, the Site may contain references or linksto third-party materials not controlled by BetterPet or its suppliers orlicensors. BetterPet provides such information and links as a convenience toyou and should not be considered endorsements of such sites or any content,products or information offered on such sites. You acknowledge and agree that BetterPetis not responsible for any aspect of the information or content contained inany third-party materials or on any third-party sites accessible or linked tothe Site. You are responsible for evaluating whether you want to access or usea third-party site. Accordingly, if you decide to use third-party site, you doso at your own risk and agree that this Agreement does not apply to your use ofany third-party sites. You should review any applicable terms or privacy policyof a third-party site before using it or sharing any information.
7. Copyright Protected Materials
BetterPet respects the intellectual property rights ofothers and expects that you do the same. You should assume that everything yousee or read on the Site is copyrighted unless otherwise noted and may not beused except as provided in these Terms or in the text on the Site without thewritten permission of BetterPet. We neither warrant nor represent that your useof content displayed on Site will not infringe rights of third parties notowned by or affiliated with us. Images, photographs, or illustrations displayedon the Site are either the property of, or used with permission by, BetterPet.The use of these materials by you, or anyone else authorized by you, isprohibited unless specifically permitted by these Terms or specific permissionprovided elsewhere on the Site. Any unauthorized use of the images may violatecopyright laws, trademark laws, the laws of privacy and publicity, andcommunications regulations and statutes.
It is our policy to terminate, in appropriate circumstancesand in our sole discretion, the accounts of subscribers who infringe thecopyrights of others. BetterPet has the right, but not the obligation, toremove from the Site any files, material, information, software or othermaterial BetterPet believes is or may be, in its sole discretion, infringing orotherwise in violation of the rights of others.
We are committed to complying with U.S. copyright law and toresponding to claims of copyright infringement. We will promptly process andinvestigate notices of alleged infringement and will take appropriate actionsunder the Digital Millennium Copyright Act, Title 17, United States Code,Section 512(c) (“DMCA”).
Pursuant to the DMCA, notifications of claimed copyrightinfringement should be sent to a Service Provider’s Designated Agent.Notification must be submitted to the following Designated Agent for the Sitein the manner described below:
By Mail: Pet Screening, Inc., Attn: Chief Legal Counsel, 603S. Church Street, Unit 218, Mooresville, NC 28115
By Email: support@betterpet.com
For your complaint to be valid under the DMCA, you mustprovide all of the following information when providing notice of the claimedcopyright infringement:
For more details on the information required for validnotification, see 17 U.S.C. 512(c)(3). You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking ofthe material, court costs, and attorney’s fees.
8. International Users
The Site is controlled, operated and administered by BetterPetfrom its offices within the United States of America and is not intended tosubject BetterPet to the laws or jurisdiction of any state, country orterritory other than that of the United States. We do not represent or warrantthat the Site or any part thereof is appropriate or available for use in anyparticular jurisdiction other than the United States. Those who choose toaccess the Site do so on their own initiative and at their own risk, and areresponsible for complying with all local statutes, orders, regulations, rules,and other laws. We may limit the Site’s availability, in whole or in part, toany person, geographic area or jurisdiction we choose, at any time and in oursole discretion. Note that your personal data, if you provide any, will bestored in BetterPet databases (including local storage) or databases managed bythird party service providers, which are located within and outside of theUnited States. Such data will be automatically transferred to thesedatabases, which may be located in countries where privacy rules differ and maybe less stringent than those of the country in which you reside.
9. Right to Restrict or Terminate Access
BetterPet may deny or restrict your access to all or part ofthe Services without notice in its reasonable discretion if it deems that youhave engaged in any conduct or activities that BetterPet in its reasonablediscretion believes violates the letter or spirit of any of these Terms. In theevent that the Services are terminated for any reason or no reason, youacknowledge and agree that you will continue to be bound by these Terms.Following termination, you shall immediately cease use of the Services and anylicense granted to you under any agreement related to your use of the Servicesshall immediately terminate. Upon termination, BetterPet reserves the right todelete all of your information stored on BetterPet’s servers at any time. BetterPetwill not be liable to you or any third party as a result of the termination ofthe Services or for any actions taken by BetterPet pursuant to these Terms as aresult of such termination. Without limiting the generality of the foregoing, BetterPetwill not be liable to you or any third party for damages, compensation, orreimbursement relating to your use of the Services, or the termination thereof.
10. Disclaimer of Warranty
Actual service coverage, speeds, locations and quality mayvary. BetterPet will attempt to provide the Services at all times, except forlimited periods for maintenance and repair. However, the Services may besubject to unavailability for a variety of factors beyond our control includingemergencies, third-party service failures, transmission, equipment or networkproblems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible fordata, messages or pages lost, not delivered, delayed or misdirected because ofinterruptions or performance issues with the Services or communicationsservices or networks. We may impose usage or Services limits, suspend theServices, or block certain kinds of usage in our sole discretion to protectusers or the Services. The accuracy and timeliness of data received is notguaranteed.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITECONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDINGWITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT,AVAILABILITY OR ACCURACY OF INFORMATION. BETTERPET DOES NOT WARRANT THAT THESERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN ANUNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTSWILL BE CORRECTED. BETTERPET DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, ORCONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INTERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATIONOF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG ANIMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TOYOU. IN SUCH EVENT, BETTERPET’S WARRANTIES AND CONDITIONS WITH RESPECT TO THESERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW INSUCH JURISDICTION.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL BETTERPET, ITS AFFILIATES,EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“BETTERPETPARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUTOF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHERBASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGALTHEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOSTDATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT,ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OURSERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ORANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENTSHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
A BETTERPET PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NOEVENT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID BETTERPET FOR YOUR USE OFTHE SERVICES IN THE PRIOR TWELVE (12) MONTHS; AND (B) THE SUM OF ONE HUNDRED(100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION ORTHE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE BETTERPETPARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATIONOF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATETHE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTEDIN THE PRICING OFFERED BY BETTERPET TO YOU AND IS AN ESSENTIAL ELEMENT OF THEBASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLEAND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS INSECTIONS 10 AND 11 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSEOF ANY LIMITED REMEDY IN THESE TERMS.
12. Indemnity
You agree to defend, indemnify and hold the BetterPetParties harmless from any claim or demand, including reasonable attorneys’fees, made by any third party arising out of or relating to (a) any violationof these Terms by you; (b) content or material you submit or otherwise transmitthrough our Services; (c) your violation of any rights of another; or (d) youruse of the Services. BetterPet reserves the right, at its own expense, toassume the exclusive defense and control of any matter otherwise subject todefense by you.
13. Dispute Resolution
You and BetterPet agree that any and all disputes or claimsat law or equity that have arisen or may arise between you and BetterPetrelating in any way to or arising out of related to the Site or Services, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather thanthrough other legal proceedings in court, except that (a) either party mayassert a claim in small claims court, if it meets the criteria for such, wherethe total amount of the award sought is less than $10,000 and (b) either partymay pursue preliminary claims for injunctive or equitable relief so long as theparty does not seek damages or attorneys’ fees. Arbitration is more informalthan a lawsuit filed in court. It uses a neutral arbitrator instead of a judgeor jury, allows for more limited discovery than in court, and is subject tolimited review by courts. You and BetterPet agree that the Federal ArbitrationAct governs the interpretation and enforcement of this Section.
Prohibition of Class and Representative Actions andNon-Individualized Relief
YOU AND BETTERPET AGREE THAT EACH OF US MAY BRING CLAIMSAGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESSBOTH YOU AND BETTERPET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ORJOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDEOVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANYRELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. The assigned independentarbitrator, and not any federal, state, or local court or agency, shall haveexclusive authority to resolve any dispute arising out of or relating to theinterpretation, applicability, enforceability or formation of this or any otherapplicable Terms, or any part thereof, including, but not limited to, any claimthat all or any part of these Terms are void or voidable.
All arbitration will be conducted by the AmericanArbitration Association ("AAA") under its Consumer ArbitrationRules (https://adr.org/consumer) in effect at the time of the filing of thedemand for arbitration, including the AAA’s Supplementary Procedures forConsumer-Related Disputes (as applicable). The AAA’s rules are available athttp://www.adr.org. A form for initiating arbitration proceedings is availableon the AAA’s site at http://www.adr.org. In addition to filing this form withthe AAA in accordance with its rules and procedures, you must also send a copyof the completed form to BetterPet at the following address in order toinitiate arbitration proceedings: BetterPet, 603 S Church Street, Unit 218,Mooresville, NC 28115.
The arbitrator will decide the substance of all claims inaccordance with the laws of the State of North Carolina, including recognizedprinciples of equity, and will honor all claims of privilege recognized by law.The arbitrator shall not be bound by rulings in prior arbitrations involvingdifferent users, but is bound by rulings in prior arbitrations involving thesame BetterPet user to the extent required by applicable law or regulation. Thearbitrator’s award shall be final and binding and judgment on the awardrendered by the arbitrator may be entered in any court having jurisdictionthereof.
Additional Procedures for Multiple Case Filings. Youand BetterPet agree that these Additional Procedures for Multiple Case Filings(in addition to the Arbitration Procedures above) shall apply if you choose toparticipate in a Multiple Case Filing. If 25 or more similar disputes(including yours) are asserted against BetterPet by the same or coordinatedcounsel or are otherwise coordinated (“Multiple Case Filing”), theresolution of your dispute might be delayed and ultimately proceed in court.You and BetterPet agree that as part of these procedures, the parties’ counselshall meet and confer in good faith in an effort to resolve the disputes,streamline procedures, address the exchange of information, modify the numberof disputes to be adjudicated, and conserve the parties’ and the AAA’sresources.
If your claim is part of a Multiple Case Filing, anyapplicable limitations periods (including statutes of limitations) shall betolled for your claim from the time that your dispute is first submitted to theAAA until your dispute is selected to proceed as part of a staged process or issettled, withdrawn, otherwise resolved, or opted out of arbitration pursuant tothis provision.
STAGE ONE: If at least 50 disputes are submitted as part ofthe Multiple Case Filing, counsel for the claimants and counsel for BetterPetshall each select 25 disputes to be filed and to proceed as cases in individualarbitrations as part of this initial staged process. The number of disputes tobe selected to proceed in Stage One can be increased by agreement of counselfor the parties (and if there are fewer than 50 disputes, all shall proceedindividually in Stage One). Each of the 50 (or fewer) cases shall be assignedto a different arbitrator and proceed individually. If a case is withdrawnbefore the issuance of an arbitration award, another claim shall be selected toproceed as part of Stage One. The remaining disputes shall not be filed ordeemed filed in arbitration nor shall any arbitration fees be assessed orcollected in connection with those claims. After this initial set ofproceedings, counsel for the parties shall participate in a global mediationsession with a retired federal or state court judge jointly selected by counselin an effort to resolve the remaining disputes (as informed by theadjudications of cases in Stage One), and BetterPet shall pay the mediator’sfee.
STAGE TWO: If the remaining disputes have not been resolvedat the conclusion of Stage One, counsel for the claimants and counsel for BetterPetshall each select 40 disputes per side to be filed and to proceed as cases inindividual arbitrations as part of a second staged process. The number ofdisputes to be selected to proceed as part of this second staged process can beincreased by agreement of counsel for the parties (and if there are fewer than80 disputes, all shall proceed individually in Stage Two). No more than fivecases may be assigned to a single arbitrator to proceed individually. If a caseis withdrawn before the issuance of an arbitration award, another claim shallbe selected to proceed as part of Stage Two. The remaining disputes shall notbe filed or deemed filed in arbitration nor shall any arbitration fees beassessed or collected in connection with those claims. After this second set ofstaged proceedings, the parties shall engage in a global mediation session ofall remaining disputes with a retired federal or state court judge jointlyselected by counsel in an effort to resolve the remaining Disputes (as informedby the adjudications of cases in Stages One and Two), and BetterPet shall paythe mediator’s fee.
Upon the completion of the mediation set forth in Stage Two,each remaining dispute (if any) that is not settled or not withdrawn shall beopted out of arbitration and may proceed in a court of competent jurisdictionconsistent with the remainder of these Terms. Notwithstanding the foregoing,counsel for the parties may mutually agree in writing to proceed with theadjudication of some or all of the remaining disputes in individualarbitrations consistent with the process set forth in Stage Two (except Disputesshall be randomly selected and mediation shall be elective by agreement ofcounsel) or through another mutually-agreeable process. A court of competentjurisdiction shall have the authority to enforce the Additional Procedures forMultiple Case Filings, including the power to enjoin the filing or prosecutionof arbitrations and the assessment or collection of arbitration fees.
The Additional Procedures for Multiple Case Filingsprovision and each of its requirements are essential parts of this arbitrationagreement. If, after exhaustion of all appeals, either an arbitrator or a courtof competent jurisdiction decides that the Additional Procedures for MultipleCase Filings apply to your dispute and are not enforceable, then your disputeshall not proceed in arbitration and shall only proceed in a court of competentjurisdiction consistent with the remainder of the Terms.
Costs of Arbitration. Payment of all filing,administration and arbitrator fees will be governed by the AAA’s rules. Forclaims under $10,000, BetterPet will reimburse you for all arbitration fees,including the initial filing fee, if you are deemed the prevailing party by thearbitrator.
Severability. With the exception of any of theprovisions in these Terms identified in the next sentence, if an arbitrator orcourt decides that any part of these Terms is invalid or unenforceable, theother parts of these Terms shall still apply. If an arbitrator or court decidesthat any of the provisions in this Section ("Prohibition of Class andRepresentative Actions and Non-Individualized Relief") or("Additional Procedures for Multiple Case Filings”) is invalid orunenforceable as to you, then the entirety of this Section shall be null andvoid as to you.
Opt-Out Procedure
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS SECTION("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUTNOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYSAFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THEOPT-OUT NOTICE TO Pet Screening, Inc., Attn: Chief Legal Counsel, 603 S. ChurchStreet, Unit 218, Mooresville, NC 28115.
14. Electronic Notices and Disclosures
You acknowledge and agree that BetterPet may provide noticesand other disclosures to you electronically by posting such notices or otherdisclosures on BetterPet’s website or by emailing it to you at any email address provided to BetterPet by you. Such notices or other disclosures shallbe considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
15. Changes to the Terms
We may add to, change or remove any part of these Terms, atany time without prior notice to you other than listing of a later effectivedate than the one set forth at the top of these Terms. Such modification shallbe effective immediately upon posting at the Site. As your next visit to theSite or use of the Services may be governed by different Terms, we encourageyou to look for a new effective date on these Terms when you visit the Site oruse the Services. It is your responsibility to check these Terms periodicallyfor changes. If we make any material changes to these Terms, we will endeavorto provide registered users with additional notice of any changes, such as atyour e-mail address of record or when you log-in to your account.
Your use or continued use of the Services following theposting or notice of any changes to these Terms or any other posted policiesshall constitute your acceptance of the changed Terms or policies.
16. Miscellaneous
These Terms, along with any rules or guidelines published onthe Site constitute the entire agreement between BetterPet and you with respectto your use of our Services. If there is any conflict between the Terms and anyother rules or instructions posted on the Site or in connection with theServices, the Terms shall control. No amendment to these Terms by you by shall beeffective unless acknowledged in writing by BetterPet. These Terms shall begoverned by, and construed in accordance with, the laws of the state of NorthCarolina, without reference to its choice of law rules. Subject to thearbitration provisions above, exclusive venue for any action arising out of orin connection with this agreement shall be in Charlotte, North Carolina. Theparties each hereby consent to the jurisdiction and venue in Charlotte, NorthCarolina and waive any objections to such jurisdiction and venue.Notwithstanding the foregoing, you agree that BetterPet shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.Subject to any applicable law to the contrary, you agree that any cause ofaction arising out of or related to the use of our Services must be commencedwithin one (1) year after the cause of action accrues, or such action will bepermanently barred. If any portion of these Terms is found to be unenforceableor invalid for any reason, that provision will be limited or eliminated to theminimum extent necessary so that the rest of these Terms will otherwise remainin full force and effect. You may not assign your rights or obligations underthese Terms without the prior written consent of BetterPet. BetterPet’s failureto insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by theirnature should survive or are otherwise necessary to enforce the purpose ofthese Terms, will survive the termination of these Terms. All headings includedin these Terms are included for convenience only, and shall not be consideredin interpreting these Terms. These Terms do not limit any rights that BetterPetmay have pursuant to any intellectual property laws or any other laws. Allrights and remedies available to BetterPet, pursuant to this Agreement orotherwise, at law or in equity, are cumulative and not exclusive of any otherrights or remedies that may be available to BetterPet. In no event shall youseek or be entitled to rescission, injunctive or other equitable relief, or toenjoin or restrain the operation of the Services, or any other materials issuedin connection therewith, or exploitation of the Services or any data or informationor other material used or displayed through the Services. Except as otherwiseexpressly set forth herein, there shall exist no right of any person, otherthan you and BetterPet, to claim a beneficial interest in these Terms or anyrights occurring by virtue of these Terms. No independent contractorrelationship, partnership, joint venture, employer-employee or franchiserelationship is created by these Terms.
Under California Civil Code Section 1789.3, California usersare entitled to the following consumer rights notice: California residents mayreach the Complaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs by mail at 1625 North Market Blvd.,Sacramento, CA 95834, or by telephone at (916)445-1254 or (800) 952-5210.
BetterPet is committed to accessibility and our policy is toensure full and equal access to our services to everyone, including people withdisabilities. We believe that PetScreening.com adheres to the best practices for compliance with the Americans with Disabilities Act. If you areexperiencing difficulty with any content or require assistance with any part ofour site, please contact us at support@betterpet.com during normal business hours and we will be happy to assist.
If you have any questions, complaints, or claims, you may contact BetterPet at
603 S Church Street, Unit 218
Mooresville, NC, 28115
U.S.A.