Updated as of March 31, 2015
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
These Terms and Conditions govern your use of this website and its content and, unless otherwise stated, your use of any other related website and/or mobile application owned or operated by Fetch! Pet Care, Inc. collectively, the “Website”.
1. AGREEMENT TO TERMS BY USER
Fetch! Pet Care, Inc. reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.
Each time you use the Website, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Website. By using the Website, you also accept that any prior agreements between you and Fetch! Pet Care, Inc. regarding your use of the Website are hereby superseded.
Certain services offered by through the Website, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
2. Users and Accounts
The Website is not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE WEBSITE. By accessing, using and/or submitting information to or through the DD Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the Website under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to create and register an account in order to use the Website. In creating an account, you agree to:
- *create only one account;
- *provide honest, accurate, current and complete information regarding yourself;
- *keep your information updated and accurate;
- *keep your account password private and not share it with others; and
- *notify Fetch! Pet Care, Inc. if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the Website. We do not guarantee that the Website is accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Website or any component of them and to block or prevent future access to and use of the Website and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Website will survive such termination.
3. Provision of the Website
We are constantly improving the Website to provide the best possible experience for you and other users. You acknowledge and agree that the Website, or certain features of the Website, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Website is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the Website or stop (permanently or temporarily) providing the Website (or any feature, program or content within the Website) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the Website at any time. You do not need to specifically inform us when you stop using the Website.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Website, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the Website, the following additional terms and conditions (“Mobile Terms”) also apply:
- *You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
- *You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
- *Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
- *When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode.
- *Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE WEBSITE VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
4. LINKS TO THIRD PARTY SITES
The Website may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Fetch! Pet Care, Inc. and Fetch! Pet Care, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fetch! Pet Care, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Fetch! Pet Care, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fetch! Pet Care, Inc. of the site or any association with its operators.
5. RESTRICTIONS ON USE
You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions.
Material from the Website and any other website and/or mobile application owned, operated, licensed, or controlled by Fetch! Pet Care, Inc. may not be copied, distributed, republished, modified, uploaded, incorporated, posted, or transmitted in any way, without the prior written consent of Fetch! Pet Care, Inc., except that you may print, display or download the Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Website is provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use, but remain with Fetch! Pet Care, Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Website.
Linking, or any other manner of incorporating the whole or parts of this Website including the framing of this Website by sites or site elements controlled by third parties is strictly prohibited.
6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Fetch! Pet Care, Inc. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Website. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.
7. USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Fetch! Pet Care, Inc. has no obligation to monitor the Communication Services. However, Fetch! Pet Care, Inc. reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you. Fetch! Pet Care, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Fetch! Pet Care, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fetch! Pet Care, Inc.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fetch! Pet Care, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fetch! Pet Care, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Fetch! Pet Care, Inc. spokespersons, and their views do not necessarily reflect those of Fetch! Pet Care, Inc.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
8. SUBMISSIONS GENERALLY
All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards or other information communicated to Fetch! Pet Care, Inc. through the Website (collectively, a “Submission”) will forever be the property of Fetch! Pet Care, Inc. Fetch! Pet Care, Inc. will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing or submitting your Submission you acknowledge that you and not Fetch! Pet Care, Inc. have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Anything you transmit or post becomes the property of Fetch! Pet Care, Inc. and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as provided herein. Fetch! Pet Care, Inc. is under no obligation to post or use any Submission you may provide and may in Fetch! Pet Care, Inc.’s sole discretion remove any Submission at any time, for any reason, without notice to you.
Fetch! Pet Care, Inc. may from time to time monitor Submissions on the Website however, Fetch! Pet Care, Inc. is under no obligation to do so. Fetch! Pet Care, Inc. assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Fetch! Pet Care, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Fetch! Pet Care, Inc. to disclose the identity of anyone posting any such information or materials.
9. IDEA SUBMISSIONS
Fetch! Pet Care, Inc. and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (collectively, “Idea Submissions”) in any form to Fetch! Pet Care, Inc. or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Fetch! Pet Care, Inc. products or marketing strategies might seem similar to ideas submitted to Fetch! Pet Care, Inc. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of Fetch! Pet Care, Inc., without any compensation to you; (2) Fetch! Pet Care, Inc. may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for Fetch! Pet Care, Inc. to review Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.
10. PRODUCT FEEDBACK
Fetch! Pet Care, Inc. welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at feedback @ fetchpetcare.com. Please provide only specific feedback on Fetch! Pet Care, Inc.’s existing products or marketing strategies. Any feedback you provide at this site shall be deemed to be non-confidential. Fetch! Pet Care, Inc. shall be free to use such information on an unrestricted basis.
11. SERVICE-SPECIFIC TERMS AND CONDITIONS
11.1. Fetch! Pet Care Mobile Application
If you choose to download (if available) the Fetch! Pet Care, Inc. Mobile Application (“Mobile App”), you must accept our End-User License Agreement, which will govern your use of the Mobile App in addition to these Terms.
11.2. Opting In or Out of Communications
We primarily communicate via email and text when it comes to scheduling your service. If you opt-out of email or text messaging our franchisees may not be able to service you at our highest level. We also may use direct mail to communicate with you. Members who choose not to receive Program emails and/or SMS text messages may not receive all service related alerts, program coupons, news and offers.
11.3. THIRD PARTY SITE OPERATION AND ORDER PROCESSING
YOU HEREBY ACKNOWLEDGE AND AGREE THAT FETCH! PET CARE INC. AND ITS FRANCHISEES USES PROFESSIONALPETSITTER.COM AS ITS THIRD-PARTY VENDOR FOR OPERATION, PAYMENT PROCESSING AND SERVICE FULFILLMENT THROUGH THE WEBSITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT PROFESSIONALPETSITTER.COM IS A THIRD-PARTY BENEFICIARY OF THESE TERMS AND THAT ALL RIGHTS OF FETCH! PET CARE, INC. HEREUNDER (INCLUDING WITHOUT LIMITATION YOUR GRANT OF LICENSES (IF ANY) AND FETCH! PET CARE, INC.’S LIMITATION OF LIABILITY AND INDEMNIFICATION) APPLY EQUALLY TO PROFESSIONALPETSITTER.COM.
12. FETCH! PET CARE, INC. GIFT CARD
12.1. Terms. The following terms and conditions below govern use of a Fetch! Pet Care, Inc. Gift Card:
Card good only toward purchase of Fetch! Pet Care, Inc. services at participating US franchises. No expiration date or management fees. The purchase and/or reload of a Fetch! Pet Care, Inc. Card with another Fetch! Pet Care, Inc. Card is prohibited. Card value may not be redeemed for cash, check or credit, unless required by law. Use of card constitutes acceptance of these terms. We are not responsible for lost or stolen cards. This card may not be resold by any unauthorized vendors. Unauthorized resale or attempted resale is grounds for cancellation. Cards obtained through unauthorized channels will be void. Card issued by Fetch! Pet Care, Inc.
12.2. Fetch! Pet Care, Inc. Cards. You may purchase and send a Fetch! Pet Care, Inc. Card to yourself or as a gift using the “Gift” functionality on the Website. When using the “Gift” functionality, you are the “Gift Sender” and the individual person receiving the Fetch! Pet Care, Inc. Card is the “Gift Recipient”. Use of the Gift functionality constitutes acceptance of these terms by both Gift Sender and Gift Recipient. The Fetch! Pet Care, Inc. Card terms and conditions above, as well as the additional terms and conditions below apply to all transactions:
12.2.1. Fetch! Pet Care, Inc. Card Delivery. Gift Sender is responsible for ensuring that the address of Gift Recipient is correct. We are not responsible and have no liability for any Fetch! Pet Care, Inc. Card that is undeliverable, not received by Gift Recipient or claimed by someone other than Gift Recipient as a result of inaccurate information provided by Gift Sender. You may not return or cancel your Fetch! Pet Care, Inc. Card after it is received or if same-day delivery was requested. Please contact Customer Support (with your order number and email address) if you believe the delivery address is incorrect or if you have questions about whether you may cancel your order.
12.2.2. Personalized Messaging. Gift Sender may add a personal message (character-limited) to the Fetch! Pet Care, Inc. Card at no additional charge by typing the message in the applicable message field. Inappropriate, offensive or otherwise objectionable messages are prohibited. We are not responsible for the content of any personalized message.
Except as described otherwise, all materials in the Website are made available only to provide information about Fetch! Pet Care, Inc. or the respective brand under Fetch! Pet Care, Inc. Fetch! Pet Care, Inc., or its designee, controls and operates this site from its headquarters in Dayton, Ohio, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
14. DISCLAIMER/RESTRICTION OF LIABIILTY
The material, software, products, and services in the Website, or available through the Website, may include technical inaccuracies or typographical errors. Fetch! Pet Care, Inc. is not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Fetch! Pet Care, Inc. may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FETCH! PET CARE, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
FETCH! PET CARE, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FETCH! PET CARE, INC.DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FETCH! PET CARE, INC. NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED ON THEWEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. FETCH! PET CARE, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FETCH! PET CARE, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FETCH! PET CARE, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Website contains downloadable materials as well as links to external sites. Fetch! Pet Care, Inc. is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any link to such sites does not imply endorsement by Fetch! Pet Care, Inc. of the sites. You understand that Fetch! Pet Care, Inc. cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
15. FRANCHISE PROSPECTS
Certain materials on the Website describe the Fetch! Pet Care, Inc. System. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.
You may use the Website solely for the purpose of learning about the Fetch! Pet Care, Inc. franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via http://www.petfranchisingopportunities.com/.
Fetch! Pet Care, Inc. and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Fetch! Pet Care, Inc. is an equal opportunity employer committed to a diverse workforce. Fetch! Pet Care, Inc. franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
You agree to indemnify, defend and hold harmless Fetch! Pet Care, Inc. and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Fetch! Pet Care, Inc. or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Fetch! Pet Care, Inc. websites and/or mobile applications, and (b) all related documentation and all copies and installations (together, the “Materials”). Fetch! Pet Care, Inc. reserves the right, in its sole discretion, to terminate this agreement, including your access to the Website and the related services or any portion thereof immediately and for any reason without notice to you. Upon termination, you must destroy all Materials.
19. DISPUTE RESOLUTION
YOU AND FETCH! PET CARE, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Fetch! Pet Care, Inc. and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Fetch! Pet Care”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Montgomery County, Ohio administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Fetch! Pet Care will provide such notice by e-mail to your e-mail address on file with Fetch! Pet Care and you must provide such notice by e-mail to disputeresolution @ fetchpetcare.com with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fetch! Pet Care will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Fetch! Pet Care for all fees associated with the arbitration that Fetch! Pet Care paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Fetch! Pet Care and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Fetch! Pet Care nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
20. GEOGRAPHICAL SCOPE OF THE WEBSITE
Fetch! Pet Care, Inc. controls and operates the Website from within the United States. Unless otherwise specified on the Website, the Website is intended to promote only those Fetch! Pet Care, Inc. services that are delivered by Fetch! Pet Care, Inc. franchisees in the United States; Fetch! Pet Care, Inc. makes no representation that the materials in the Website or the services described thereby are appropriate or available for use in other locations. If you access the Website from outside the United States, be advised the Website may contain references to services that are not available or are prohibited in your country. All visitors to and users of the Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Website.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Ohio, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fetch! Pet Care, Inc. as a result of these Terms and Conditions or use of the Website. Fetch! Pet Care, Inc.’s performance of this Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of Fetch! Pet Care, Inc. ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Fetch! Pet Care, Inc. with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by the user, these Terms and Conditions constitute the entire agreement between the user and Fetch! Pet Care, Inc. with respect to the Website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fetch! Pet Care, Inc. services are available in many parts of the United States. However, the Website may describe services that are not available Nationwide.
22. COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by the Fetch! Pet Care, Inc. unless otherwise stated. All other third party trademarks used on the Website are the property of their respective owners used under license by Fetch! Pet Care, Inc. Any rights not expressly granted herein are reserved.
No framing allowed – none of the Content for the Site may be retransmitted without the express written consent of Fetch! Pet Care, Inc.
All contents of the Website are: Copyright 2015 Fetch! Pet Care, Inc. All Rights Reserved.
Please direct all inquiries related to the Fetch! Pet Care, Inc. Website Terms and Conditions to:
Fetch! Pet Care, Inc.
Attn: GENERAL COUNSEL
7086 Corporate Way
Dayton, OH 45459