MyPetopia General Terms of Use

Effective Date: June 18,2019

Welcome to MyPetopia! We’re delighted to have you on our website and maybe even using our service (the “Services”). Please continue reading to learn about the terms by which you may use our Services. If you have questions about this Agreement, please contact us at support@petopia.xyz

These General Terms of Use (the “Agreement”) applies to all Dog Day Care or Pet Cares and related entities and organizations that sign up to use the Services, including but not limited to administrators who access the Services on their behalf (each a “Dog Day Care or Pet Care”), as well as all visitors and Pet owners, who use the Services (such individuals and Dog Day Care or Pet Cares, collectively, “Users” or “you”). If you’re a Dog Day Care or Pet Care, our Additional Terms of Use for Dog Day Care or Pet Cares apply to you too.

By accessing or using the Services, checking the box marked [“I Agree”], or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the MyPetopia Privacy Policy, otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Policy may change too. If you are Dog Day Care or Pet Care using the Service, we will notify you via email in advance of any material changes to the terms. Upon making changes, we will update the “Effective Date” found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms.

SECTION 1. WHAT ARE MYPETOPIA’S SERVICES AND WHO CAN USE THEM?

What do we do? We provide Dog Day Care or Pet Cares both data integration and single sign-on functionality, making it easier for Dog Day Care or Pet Cares to choose, deploy, and control third party software applications (“Developers”) used by their Administrators and Pet Owners.

You’re allowed to use the Services only if you can form a binding contract with MyPetopia, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you’ve been removed from the Services previously, you’re not allowed to use them again.

Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services. We reserve all rights not expressly granted to you in the Services and the MyPetopia Content (as defined below). We may terminate this license at any time for any or no reason.

i) DETAILS ABOUT THE MYPETOPIA SERVICES

Your MyPetopia account gives you access to our Services, but don’t sign up on behalf of a Dog Day Care or Pet Care if you do not have the requisite authority to do so. Once you sign up, you are responsible for your account and any data associated with it.

Your MyPetopia account gives you access to the services and functionality we make available from time to time and at our discretion, which may include single sign-on capability for certain third-party Applications using your MyPetopia account. We maintain different types of accounts for different types of Users. If you open a MyPetopia account on behalf of a Dog Day Care or Pet Care, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.

Remember: you are responsible for any activity that occurs on your account, you may never use someone else’s account without permission, and you must keep your account password secure. We recommend using “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account to avoid unauthorized use. Please let us know immediately if you think your account’s security has been compromised so we can help; we are not liable for any losses of any kind caused by any unauthorized use of your account.

ii) WHAT CONTROL DO I HAVE OVER MY USE OF THE SERVICES?

You may control your profile and how you interact with the Services by changing the settings in your settings page. By providing your email address to us you consent to our using the email address to send you Services-related notices, including any required legal notices and other messages, such as additions or changes to the Services and/or notices of product offers. You may opt out or change your preferences in your settings page. While we need your email address to send you important Services-related notices, you can always ask us to stop sending you certain marketing messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

iii) RESTRICTED USES

Please don’t do anything to harm our product or try to hack our service. Specifically, by using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the MyPetopia servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Pet Data (as defined below), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.

We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally (“Service Changes”). While we’ll try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If this Agreement ends you continue to be bound by it in any interactions you may have with the Services.

You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User’s actions or inactions with respect to you.

SECTION 2. RIGHTS IN OUR CONTENT

“Pet Data” is any information (in any format) that is directly related to any identifiable current or former Pet owner that is maintained by a Dog Day Care or Pet Care. While we may need to access Pet Data to provide the Services to you, between us, you own the Pet Data and remain responsible for it. Our Additional Terms of Use for Dog Day Care or Pet Cares and Privacy Policy provide more detail around how we handle Pet Data.

“Intellectual Property Rights” means all worldwide patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all related applications and registrations, renewals and extensions.

Except for Pet Data, the Services and all materials made available to you in connection with them, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any content belonging to other Users (the “MyPetopia Content”), and all related Intellectual Property Rights, are the exclusive property of MyPetopia and its licensors. Except as specified in this Agreement, nothing may be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any MyPetopia Content. To be clear: any use of the MyPetopia Content for a purpose not expressly permitted by this Agreement is strictly prohibited.

If you send us ideas or comments about our Services, you agree that we may freely use or reference those ideas and comments and we do not owe you any payment or have any other obligation of any kind for such ideas or comments.

SECTION 3. GENERAL LEGAL TERMS

i) MYPETOPIA DATA

Certain parts of the Services may allow you to obtain or access analytics or other data or information associated with your account (“MyPetopia Data”). MyPetopia Data is licensed to you for your use on a limited basis, and is governed solely by the terms of this Agreement and available for distribution only at our sole discretion. MyPetopia owns the account you use to access the Services along with any rights of access or rights to data stored by or on behalf of MyPetopia on MyPetopia servers (except with respect to any Pet Data that we may be storing for you), including but not limited to any data representing any or all of your MyPetopia Data. MyPetopia has the right to manage, control and even eliminate MyPetopia Data, except that MyPetopia may only use Pet Data as specifically permitted by this Agreement.

This next sentence is in all caps because it’s important: YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON MYPETOPIA’S SERVERS MAY BE DELETED AT ANY TIME FOR ANY REASON IN MYPETOPIA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON MYPETOPIA’S SERVERS.

IMPORTANT: If you’re a Dog Day Care or Pet Care, you should be absolutely sure to keep secure copies of Pet Data in your secure storage. You should not rely on us to provide copies of or access to your Pet Data.

ii) PRIVACY AND SECURITY

We take very seriously the privacy of our users, including Dog Day Care or Pet Cares, Administrators and Pet Owners. By using the Services you consent to the collection, use and disclosure of your information (including but not limited to Pet Data) as set forth in our Privacy Policy and, if you’re a Dog Day Care or Pet Care, in the Additional Terms of Use for Dog Day Care or Pet Cares, and to have your information (including but not limited to Pet Data) collected, used, transferred to and processed in the United States pursuant to our Privacy Policy.

iii) THIRD-PARTY SERVICES

Our website may contain links to third-party websites, services (including but not limited to third-party Applications), or other materials or information that are not owned or controlled by us. Keep in mind that we do not endorse or assume any responsibility for any third-party sites, information, materials, products, or services (including but not limited to third-party Applications). If you access a third party website or Application from the Services, you understand that you do so at your own risk, and you understand that this Agreement, the Additional Terms of Use for Dog Day Care or Pet Cares, and our Privacy Policy do not apply to your use of those sites or services—those sites and services have their own applicable terms and policies. Additionally, your dealings with Developers found on the Services, including payment and any other terms (such as warranties or privacy policies) are only between you and such Developers. We are not responsible for any loss or damage of any sort relating to your dealings with such Developers.

Fee Collection service

One of the services offered by MyPetopia is the fee collection program. The Program provides the ability for Dog Day Care or Pet Cares (“Dog Day Care or Pet Cares”) to establish , fees, and other miscellaneous payments (“ Fees”) and enable Pet Owners and guardians of their Pets (“Pet Owners”) to make Fee payments. Pet Owners and Dog Day Care or Pet Cares are collectively referred to herein as “Users” and the services provided by Dog Day Care or Pet Cares to Pet Owners (including, without limitation, payment services through the Program) shall be referred to collectively as the “Dog Day Care or Pet Care Services”.

These terms of service (the “Program Terms”) are a binding contract between you (“you,” or “your”) and Teknol Apps, Inc. (“MyPetopia,” “we,” “us” or “our”). You must agree to and accept all of the Program Terms, or you don’t have the right to use the Program. Your use of the Program in any way means that you agree to all of these Program Terms, and these Program Terms will remain in effect while you use the Program. These Program Terms include the provisions in this document, as well as those in the Privacy Policy and the MyPetopia Terms of Use.

MyPetopia is not a Dog Day Care or Pet Care or other care institution. MyPetopia has no control over the quality of the Dog Day Care or Pet Care Services provided by Dog Day Care or Pet Cares. Pet Owners are solely responsible for determining whether to enroll their dependents in a Dog Day Care or Pet Care and whether to make payments to a Dog Day Care or Pet Care through the Program. Similarly, Dog Day Care or Pet Cares are solely responsible for determining whether to elicit or accept payments from Pet Owners through the Program. Each Dog Day Care or Pet Care Service transaction between a Pet Owner and a Dog Day Care or Pet Care shall constitute a separate agreement between such persons.

By creating your User account and using the Program, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Program.

As a Pet Owner, you agree that any amounts charged by a Dog Day Care or Pet Care (each, a “Charge”) are established by the Dog Day Care or Pet Care in its sole discretion and, in some cases, may be mandatory. Charges include Fees and other applicable processing fees, surcharges, and taxes. You are responsible for reviewing the Dog Day Care or Pet Care’s and fee policies and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. Where required by law, MyPetopia will collect applicable taxes. As between you and MyPetopia, all Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Program, and any claim for a refund of any Charges is solely between you and the applicable Dog Day Care or Pet Care. MyPetopia may process refunds on behalf of Dog Day Care or Pet Cares, but only if such refunds are initiated and approved by the applicable Dog Day Care or Pet Care.

Each time you initiate a new payment for any Charges, MyPetopia may seek authorization of your selected payment method to verify your payment method, ensure the entire amount of the Charge will be covered, and protect against unauthorized behavior. The authorization is not a Charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or other charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

As a Dog Day Care or Pet Care, you will receive applicable Charges (net of MyPetopia’s Administrative Fee, as discussed below) paid by Pet Owners through the Program. MyPetopia will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. MyPetopia reserves the right to withhold all or a portion of the Charges if it believes that you have attempted to defraud or abuse MyPetopia (including by taking any action in breach of MyPetopia’s Terms) or MyPetopia’s payment systems.

In exchange for permitting you to offer the Dog Day Care or Pet Care Services through the Program as a Dog Day Care or Pet Care, you agree to pay to MyPetopia (and permit MyPetopia to retain such amount from the Fees paid by Pet Owners) a fee in the amount set forth on the MyPetopia website (the “Administrative Fee”). Administrative Fees are not refundable. In addition, MyPetopia will not refund Charges to Pet Owners unless such refund is initiated and approved by the applicable Dog Day Care or Pet Care.

All Charges are facilitated through a third-party payment processing service. By registering your account and using the Program, you agree to the CardConnect Merchant Services Program Terms and Conditions. We may replace our third-party payment processing services without notice to you.

Google Translation

We translate our materials into other languages to help people with limited English skills MyPetopia offers translations of the content through Google Translate. Because Google Translate is an external website, MyPetopia does not control the quality or accuracy of translated content. All MyPetopia content is filtered through Google Translate which may result in unexpected and unpredictable degradation of portions of text, images and the general appearance on translated pages. Google Translate may maintain unique privacy and use policies. These policies are not controlled by MyPetopia and are not associated with MyPetopia privacy and use policies. After selecting a translation option, users will be notified that they are leaving MyPetopia. Users should consult the original English content on MyPetopia if there are any questions about the translated content.

MyPetopia uses Google Translate to provide language translations of its content. Google Translate is a free, automated service that relies on data and technology to provide its translations. The Google Translate feature is provided for informational purposes only. Translations cannot be guaranteed as exact or without the inclusion of incorrect or inappropriate language. As such, MyPetopia cannot guarantee or claim responsibility for the accuracy, reliability, or performance of this service nor the limitations provided by this service, such as the inability to translate specific files like pdfs and graphic (e.g. .pdfs, .jpgs, .gifs, etc.).

MyPetopia provides Google Translate as an online tool for its users, but MyPetopia does not directly endorse the website or imply that it is the only solution to users. MyPetopia is not responsible for any damages or issues of translated content not officially sanctioned and approved by the agency.

Terms of Use:

The Google Translate service is a means by which MyPetopia offers translations of content and is meant solely for the convenience of non-English speaking users of the website. The translated content is provided directly and dynamically by Google; MyPetopia has no direct control over the translated content as it appears using this tool. Therefore, in all contexts, the English content, as directly provided by MyPetopia is to be held authoritative. The use of the Google Translate functionality and/or content is also subject to the Terms and conditions of the MyPetopia. These Terms of Use may be changed by MyPetopia at any time without notice.

Right to Discontinue Service:

MyPetopia reserves the right to discontinue providing any or all of the Google Translate functionalities and/or content at any time and to require you to cease displaying, distributing or otherwise using any or all of the content provided by the Google Translate for any reason including, without limitation, your violation of any provision of these Terms of Use. MyPetopia assumes no liability for any of your activities in connection with use of the Google Translate functionality or content in connection with use of the Google Translate functionality or content.

iv) INDEMNITY

You agree to defend, indemnify and hold harmless MyPetopia and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including but not limited to any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation, including but not limited to COPPA; (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

v) WARRANTY DISCLAIMER

These next few sections are in all caps so we can be sure we have your attention. Again, please feel free to contact us at support@petopia.xyz if any of this is unclear or if you have any questions about what these sections mean. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYPETOPIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION APPLICATIONS), AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION DEVELOPERS). FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

vi) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYPETOPIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL MYPETOPIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYPETOPIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) Dog Day Care or Pet Care CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MYPETOPIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MYPETOPIA HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MYPETOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Services are controlled and operated from US-based facilities, and we make no representations that they’re appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you’re entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Because we have to say this, you may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

vii) GOVERNING LAW

Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MYPETOPIA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

viii) MISCELLANEOUS

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us in accordance with the terms of our Privacy Policy. This Agreement, together with any amendments and any additional agreements you may enter into with MyPetopia in connection with the Services including other agreements referenced herein, constitute the entire agreement between you and MyPetopia concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and MyPetopia’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. If access to the Services is licensed to the United States government or any agency thereof, then the Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.