THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
USE OF OUR SERVICES
By accessing and/or using the Sites, you hereby agree to comply with the following guidelines:
- You will access the Sites solely for your personal, non-commercial use;
- You will not use the Sites for any unlawful purpose;
- You will not access or use the Sites to collect any market research for competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Sites;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Sites;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Sites;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means.
- You will not e-mail, transmit, or otherwise make available any User Content (as defined below) that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Sites, or any portion thereof, without notice.
You may view all content on the Sites (the "Content") solely for your own personal use and not for any commercial use. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Sites automatically terminates and you must immediately destroy any copies you have made of the Sites.
The trademarks, service marks, and logos of TCPC (the "TCPC Trademarks") used and displayed on the Sites are registered and unregistered trademarks or service marks of TCPC. Other company, product, and service names located on the Sites, including, without limitation, businesses offering insurance and insurance-related products, may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with TCPC Trademarks, the "Trademarks"). Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of TCPC Trademarks inures to our benefit.
Elements of the Sites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
USER CONTENT; LICENSES; LOGOS
From time to time, TCPC may allow you to submit user feedback, testimonials, images and videos (“User Content”) about your experience with us. User Content includes all feedback submitted via any channel, including but not limited to via the Sites, email, surveys and customer service communications. By submitting User Content, you agree that TCPC may, in its sole discretion, use your User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in any and all forms of marketing and promotional material including, without limitation, website publication, print ads, online ads, television ads, radio ads, and for any and all other uses without compensation or attribution to you. You expressly acknowledge and agree that by providing User Content to us, there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU SHOULD NOT E-MAIL OR OTHERWISE PROVIDE TO US ANY CONTENT THAT CONTAINS CONFIDENTIAL INFORMATION. YOU, AND NOT TCPC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT THAT YOU PROVIDE TO TCPC.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, tweet, publicly perform, and otherwise use or exploit (including for profit) your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised without attribution to you.
NO WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT ALTHOUGH THE SITES, OUR SERVICES, THE CONTENT, AND OTHER INFORMATION PROVIDED BY TCPC CAN BE USED AS AIDS TO HELP YOU MAKE INFORMED DECISIONS ABOUT PET INSURANCE AND INSURANCE-RELATED PRODUCTS, THE SITES, THE SERVICES, THE CONTENT, AND OTHER INFORMATION PROVIDED BY TCPC ARE NOT MEANT TO BE SUBSTITUTES FOR YOUR EXERCISE OF YOUR OWN JUDGMENT. ALL CONTENT AND OTHER INFORMATION PROVIDED BY TCPC ARE FOR INFORMATIONAL PURPOSES ONLY, AND DO NOT CONSTITUTE – AND SHOULD NOT BE CONSTRUED AS – PROFESSIONAL, VETERINARY, OR FINANCIAL RECOMMENDATIONS OR ADVICE. ALL DECISIONS ABOUT YOUR PET'S HEALTHCARE ARE MADE AT YOUR OWN DISCRETION AND ELECTION.
THE CONTENT AND ANY OTHER INFORMATION PROVIDED BY TCPC ARE NOT SOLICITATIONS TO DO BUSINESS WITH ANY INSURER, AND DO NOT CONSTITUTE TCPC'S ENDORSEMENT OF ANY INSURER OR VENDOR. IF THE SITES PROVIDES THE NAME OF AN INSURER OR VENDOR TO YOU BASED ON THE INFORMATION YOU PROVIDE, TCPC DOES NOT REPRESENT OR WARRANT THE SOLVENCY OR ABILITY OF ANY SUCH INSURER OR VENDOR, OR THAT SUCH INSURER OR VENDOR WILL BE SUITABLE FOR YOUR NEEDS, OR THAT OTHER INSURERS OR VENDORS MAY NOT BE SUITABLE FOR YOUR NEEDS. UNDER NO CIRCUMSTANCES SHOULD THE CONTENT OR THE SITES BE DEEMED AN ENDORSEMENT OF ANY INSURER OR VENDOR, OR AS STEERING A CONSUMER TO ONE INSURER OR VENDOR OVER ANY OTHER. TCPC DOES NOT GUARANTEE OR ENDORSE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITES OR OTHER INFORMATION PROVIDED OR DISPLAYED ON THE SITES INCLUDING, WITHOUT LIMITATION, ANY PRICE QUOTES. WE ARE NOT OBLIGATED, UNDER ANY CIRCUMSTANCES, TO INVESTIGATE OR VERIFY ANY PRICES, DESCRIPTIONS, STATEMENTS, OR REPRESENTATIONS MADE BY INSURERS, VENDORS, OR OTHER THIRD PARTIES FROM WHICH WE OBTAIN INFORMATION FOR THE SITES. PRICE QUOTES ARE SUBJECT TO CHANGE AND TCPC IS NOT LIABLE FOR ANY CHANGES IN PRICE. ALL DECISIONS THAT YOU MAKE CONCERNING ANY INSURER OR VENDOR ARE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, ALTHOUGH YOU ARE ABLE TO OBTAIN INFORMATION ABOUT PET INSURANCE AND INSURANCE-RELATED PRODUCTS ON THE SITES, TCPC ITSELF DOES NOT SELL INSURANCE OR INSURANCE-RELATED PRODUCTS, IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY INSURANCE PROVIDER OR VENDOR, AND TCPC HAS NO CONTROL OVER THE QUALITY OR SUITABILITY OF ANY INSURANCE PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE MAY HAVE AGREEMENTS WITH INSURERS THAT ENTITLE US TO A REFERRAL FEE OR REFERRAL COMMISSION FROM INSURANCE PROVIDERS AND OTHER VENDORS UNDER CERTAIN CIRCUMSTANCES.
YOU ACKNOWLEDGE THAT THE SITES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SITES, OUR SERVICES, THE CONTENT, AND ANY OTHER INFORMATION PROVIDED BY TCPC ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND TCPC MAKES NO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT TCPC MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES, THE SERVICES, OR ANY CONTENT OR USER CONTENT, INCLUDING, WITHOUT LIMITATION ANY LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITES, THE SERVICES, OR ANY CONTENT OR USER CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) WE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITES OR THE SERVICES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100). NO COMMON-LAW CAUSE OF ACTION ARISING UNDER TORT, CONTRACT, OR WARRANTY RELATED TO THE SITES OR THE SERVICES, OR OTHERWISE ARISING UNDER THIS AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
The Sites contain links to third-party websites including, but not limited to, those of insurance providers and product vendors ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. You understand and agree that by clicking an "enroll" "learn more" or "contact" button on the Sites may automatically redirect you to an External Site of one of our insurers or vendors.
REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
(a) You hereby represent, warrant, and covenant that: You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Logos or User Content, and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
Use of your Logo or User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and You shall not submit to TCPC any User Content that violates our User Guidelines set forth above or any other term of this Agreement.
(b) You will indemnify, defend, and hold TCPC, and our shareholders, members, officers, directors, employees, agents, and representatives (collectively, "TCPC Indemnitees") harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney's fees incurred by any TCPC Indemnitee in connection with a third-party claim, action, or proceeding (each, a "Claim") arising from (i) your breach of this Agreement including any use of the Sites, Content or related services in violation hereof; (ii) any insurance or insurance-related product that you purchase as a direct or indirect result of your use of the Sites; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (x) promptly notifying you of the Claim; (y) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (z) providing you with sole control over the defense and negotiations for a settlement or compromise.
COMPLIANCE WITH APPLICABLE LAWS
The Sites are based in the United States. We make no claims concerning whether the Sites may be viewed or be appropriate for use outside of the United States. If you access the Sites from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Sites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Sites at any time without prior notice or liability.
In the event of a dispute arising under or relating to this Agreement or the Sites (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 12 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
DIGITAL MILLENNIUM COPYRIGHT ACT
TCPC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content (including any User Content) deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
The Connected Pet Company, LLC
2801 East Camelback Road, Suite 200-58 Phoenix, AZ 85016
If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Sites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Arizona for purposes of any such action by us.
CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions.
If the Agreement is terminated in accordance with the termination provision in Section 9 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Feedback," "No Warranties; Limitation of Liability," "Indemnification," "Compliance with Applicable Laws," "Termination of the Agreement," "Controlling Law; Exclusive Forum," and "Miscellaneous." Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects TCPC's intent. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.
Shop Pet Insurance name and logo are trademarks of The Connected Pet Company, LLC.
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