PetCoach Terms of Use

PetCoach is a member of the Petco Animal Supplies Stores, Inc. (“Petco”) family of businesses. These Terms of Use (the “Terms”) govern, among other things, your access and use of any website (each a “Site”) or any mobile application (each an “App”) operated by PetCoach or its subsidiaries, divisions or affiliates (“the Company,” “we,” or “us”). The Sites and Apps are collectively referred to in these Terms as “Services.” The terms “you” and “your,” as used herein, refer to all individuals and/or entities accessing or using the Services for any reason or otherwise providing assent. You agree, without limitation or qualification, to be bound by these Terms and by the PetCoach Privacy Policy, which is incorporated herein by reference, by accessing or using the Services or otherwise providing assent, regardless of whether you become a registered user of the Services. If you do not accept, please do not access or use the Services or otherwise assent. Your use of the Services may be subject to additional terms in connection with certain programs, goods, or services associated with the Company or with Petco.

The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. You agree to comply with all applicable laws and regulations. The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

THE SERVICES COMPRISE AN ONLINE PLATFORM WHERE INDIVIDUALS SEEKING INFORMATION AND ADVICE (“SEEKERS”) CAN REQUEST PERSONAL ADVICE FROM INDIVIDUALS WHO PROVIDE SUCH INFORMATION AND ADVICE (“EXPERTS”). THE COMPANY CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONDUCT OF THOSE WHO USE THE SERVICES, OR OTHER INFORMATION EXCHANGED BETWEEN SEEKERS AND EXPERTS VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS (AS THAT TERM IS DEFINED BELOW). NEITHER THE COMPANY NOR THE RELEVANT EXPERT ARE RESPONSIBLE FOR, AND BOTH HEREBY DISCLAIM, ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION PROVIDED UNDER THE SERVICES. THE SERVICES ARE INTENDED MERELY TO FACILITATE USER INTERACTION. ACCORDINGLY, ALL USERS USE THE SERVICES AT THEIR OWN RISK.

PetCoach offers a web- and app-based platform where Seekers can connect with Experts in order to request information and advice through one-on-one conversations that are coordinated via the Services (each a “Consultation”), or through brief questions posted via the Services (each a “Seeker Question”). Experts may use the Services to create an offer to provide Consultations to Seekers (each a “Listing”). Individuals who visit the Site, use the App, complete PetCoach’s account registration process, or otherwise access the Services – including both Seekers and Experts – are referred to in these Terms as “Users.” Users may provide, post, upload, input, submit, or transmit information, advice, questions, or other content to the Company or to the Services (each a “User Submission”).

You must be 18 years of age or older to visit or use the Services in any manner. By accessing or using the Services or otherwise accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. The Company provides you with access to and use of the Services subject to your compliance with the Terms.

If you wish to use the Services, create a new Consultation, pose a Seeker Question, or post a Listing, you must first register to create a PetCoach account. You may register for an account directly on the Site or through the App. When you register for an account, we will create your PetCoach account and profile page to facilitate your use of the Services, based on the personal information you provide to us during registration. You agree to provide accurate, current, and complete information during the PetCoach registration process and to update such information to keep it accurate, current, and complete. The personal information you submit to the Company is governed by our Privacy Policy . To the extent there is an inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall govern.

The Company’s role is solely to facilitate the availability of the Services and its components, such as Consultation facilitation and payment integration. The Company does not provide and is not responsible for User Submissions, or any information, transactions, or advice exchanged between Users during Consultations or otherwise. All Users understand and acknowledge that Experts are not employees or agents of the Company, but are independent service providers using the Services to market their expertise to Seekers, and to the general public. Consultations and Seeker Questions should not be intended for nutritional, fitness, or other health-related diagnoses, prescriptions, or treatments, and Users acknowledge that they alone are solely responsible for any loss or damage caused by reliance on information provided by Experts. All information provided through the Services is intended for general guidance only, and is not a substitute for the professional medical advice, diagnosis, or treatment by a Doctor of Veterinary Medicine who has actually examined an individual’s animal, or who possesses firsthand knowledge of an animal’s condition. Always seek the advice of your veterinarian or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you believe your pet may have a medical emergency, call your veterinarian immediately.

The Company may, in its sole discretion, permit Users to post, upload, publish, submit, or transmit User Submissions. By making available any User Submissions on or through the Services, Users hereby grant – or warrant that the owner of such content has expressly granted – to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, reproduce, create derivative works from, edit, translate, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit in any way such User Submissions in any media or medium, or any form, format, or forum now known or hereafter developed. Except as otherwise provided herein, as set forth in the applicable Privacy Policy, or as set forth in otherwise applicable terms, the Company does not claim ownership of any User Submission. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Submissions. The Company is not required to use any User Submission.

Users are solely responsible for all User Submissions that they make available through the Services; for the consequences of their User Submissions; for any use of the Services by anyone using their login information; and for their own reliance on any User Submissions. The Company is not responsible for the consequences of any User Submission, or for screening or monitoring User Submissions. Accordingly, as a User, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Submissions that you make available through the Services or you have all rights, licenses, consents, and releases that are necessary to grant to the Company the rights in such User Submissions, as contemplated under these Terms; (ii) neither the User Submissions; your posting, uploading, publication, submission or transmittal of the User Submissions; nor the Company’s use of the User Submissions (or any portion thereof) on, through, or by means of the Services, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) any User Submission is non-confidential, non-proprietary, and may be disseminated or used by the Company.

To the extent you voluntarily provide to the Company your cell phone number, you agree doing so represents your consent that the Company or Experts may contact you by SMS or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. You may review the Petco SMS Terms & Conditions in full here. You understand and agree that text messages may be sent to you using automated technology. You may unsubscribe from receiving text messages at any time by replying “STOP” to text messages. If you need assistance, contact PetCoach at [email protected] or Petco customer service at (877) 738-6742. If you unsubscribe from receiving text messages, you may continue to receive text messages for a short period while the Company processes your request(s). When you provide any phone number to us, you warrant that you are the current subscriber or authorized user of the phone number. If you change, forfeit, or deactivate the phone number you provided to us, you agree to notify us immediately. Failure to do so constitutes a material breach of these Terms.

In connection with your use of our Services, you agree that you may not and will not:

• Use the Services for any purpose that is unlawful or prohibited by these Terms;
• Use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
• Rent, lease, lend, sell, redistribute, or sublicense the Services
• Provide any User Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law, or any order of a court, including, without limitation, zoning restrictions and tax regulations; or that infringes on, or violates, any right of any party
• Provide any User Submission that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, contractual, moral, intellectual property, or other rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances
• Make any User Submission that is an advertisement or solicitation of business; recruit or otherwise solicit any other User to join third-party services or websites, including services or websites that are competitive to the Company’s Services, without the Company’s prior written approval; or use the Services for any commercial or other purposes that are not expressly permitted by these Terms
• Disrupt the normal flow of dialogue or make a User Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); post a chain letter or pyramid scheme; or post the same content more than once or otherwise engage in “spamming” or sending of unsolicited commercial emails
• Stalk or harass any other User; impersonate another person or entity; or collect or store any personal information about any other User without their consent and/or other than for purposes of transacting as a legitimate User of the Services
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, financial, or other account numbers
• Engage in any conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the Company’s judgment, exposes the Company or any of our licensors, partners, or customers to any liability or detriment of any type
• Interfere with or damage the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology
• Use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other Sites or Materials contained in the Services, or otherwise systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like
• Distribute or make the Services available over a network where they could be used by multiple devices at the same time, or copy, store, or otherwise access any information contained on the Services for purposes not expressly permitted by these Terms
• Attempt to copy, decipher, decompile, disassemble, or reverse engineer any of the software or source code involved in the Services
• Attempt to gain unauthorized access to the Services through hacking, password mining, or any other means; or avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company, any of its providers or any other third party (including another user) to protect the Services
• Access, tamper with, or use non-public areas of the Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers
• Attempt to probe, scan, or test the vulnerability of any of the Company’s systems or networks, or breach any security or authentication measures
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information
• Use, display, mirror, or frame the Services or any individual element within the Services, Company names or trademarks, logos, or other proprietary information; or the layout or design of any page or form contained on a page, without the Company’s express written consent
• Use the Services to find an Expert and then complete a transaction independent of the Services in order to circumvent the obligation to pay any fees related to the Company’s provision of the Services
• Register for more than one (1) PetCoach account
• Contact an Expert for any purpose other than asking a question related to the Services, or contact a Seeker for any purpose other than answering a question related to the Services
• As an Expert, submit any Listing with false or misleading information, or submit any Listing with a price that you do not intend to honor; or
• Advocate, encourage, or assist any third party in doing any of the foregoing

If notified of a User Submission allegedly in violation of these Terms, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such User Submission. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. The Company has no obligation to monitor your access to or use of the Services, or to review or edit any User Submissions, but has the right to do so in its sole discretion. The Company will have no liability or responsibility to users for performance or nonperformance of such activities.

The Company reserves the right (but is not obligated) to: (a) record the dialogue and activity on the Services; (b) investigate an allegation that a User Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the User Submission; (c) remove User Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a User’s access to any or all parts of the Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any User Submission; (f) edit or delete any User Submission posted on the Services, regardless of whether such User Submission violates these Terms.

The contents of the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, and other materials (“Materials”) are protected by copyright under both United States and foreign laws. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to us or to other companies where so indicated. Any use of the Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Services, unless such upgrade is accompanied by separate or updated terms. If you violate any of these Terms, your permission to use the Services and Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission. Any such use of the Services’ content or Materials for any purpose not authorized under these Terms is a violation of the copyrights of the Company (or other entities where so indicated). The Company grants you a limited, personal, non-exclusive, non-transferable license to access the Services and to use the Materials for non-commercial purposes, subject to your compliance with these Terms. You may access and view any User Submissions to which you are permitted access, solely for your personal and non-commercial use.

PetCoach and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not PetCoach’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from us in advance. Any such request should be submitted via email to [email protected] The use of the Services, or any content or Materials available hereon, on any other website or networked computer environment, is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to us or our licensors.

Experts will create a Listing in order to offer their information and advice to Seekers through a Consultation. To create a Listing, Experts may need to provide information regarding the expertise they offer, as well as pricing and other financial terms applicable to the offering. Listings will be made available to Seekers via the Site and/or App. Seekers will be able to request Consultations with Experts via the Services, based upon the information provided in the Expert’s Listings. Experts understand and agree that once a Seeker requests a Consultation, the price quoted under the Expert’s Listing may not be altered for the duration of the Consultation.

Experts are solely responsible for all information posted in their Listings. Accordingly, Experts represent and warrant that any Listing they post, and the agreements they enter into with Seekers, (i) will not breach any agreements Experts have entered into with any third parties or otherwise conflict with the rights of third parties, and (ii) will comply with all applicable laws, tax requirements, and rules and regulations that may apply to Experts. Further, Experts represent and warrant that they are not bound by any existing agreement or arrangement that could conflict with these Terms or with the Services, and the Company takes no responsibility if the Expert’s use of the Services leads to the infringement of any of the aforementioned agreements or arrangements. The Company assumes no responsibility for the content of Listings or for any User’s compliance with any applicable laws, rules and regulations.

The Company reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services. Users are solely responsible for their own acts and omissions.

For Experts: For Seeker Questions, the Company will assign Experts a base rate that varies based on each Expert’s qualifications, credentials, and similar criteria. The Company reserves the right to change, reduce, or supplement the base rate for Seeker Questions at any time, for any reason. If an Expert receives a Consultation request, the Expert will be able to either accept or reject the request within the specified time, as determined by the Company at its own discretion or, where applicable, by the Seeker. If unaccepted, requests may expire automatically. When a Consultation is requested, the Expert will be given access to the Seeker’s PetCoach account profile page.

The amount due and payable by a Seeker relating to each Consultation with an Expert is referred to as the “Consultation Fee.” Consultation Fees are quoted in U.S. dollars. In consideration of the Services, the Company charges Experts a fee (the “Service Fee”) based on a percentage of Consultation Fees collected on the Expert’s behalf. The Company reserves the right to change the applicable percentage at any time, for any reason. The Company calculates the appropriate Consultation Fee payable to the Expert, applies the Service Fee percentage, and then remits the Expert’s share of the Consultation Fee to the Expert’s PetCoach account balance. Once the Expert has reached the minimum withdrawal amount, which is currently fifty dollars ($50), the Expert will be able to withdraw the earnings, and these earnings will be remitted to the Expert via third-party providers or such other payment methods as may be listed on the Site or via the App, in U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable. We encourage Experts to reject all Consultations involving health-related diagnoses, prescriptions, or treatments, as well as Consultations that Experts consider to be outside their field of expertise.

For Seekers: Users who submit Seeker Questions will be provided pricing at the time of their submission based on their request, and before they are required to make any payments. Seekers agree to pay the Company all amounts due in connection with any Consultation or Seeker Question. Seekers understand and agree that the Company reserves the right to obtain a pre-authorization of their credit card or charge their credit card for payments. The Company will process and collect the Consultation Fee payable in accordance with these Terms and the terms of the Listing. Please note that the Company cannot control any fees that may be charged to a User by his or her bank related to collection of the Consultation Fees by the Company, and the Company disclaims all liability in this regard.

Each Seeker, and not the Company, is solely responsible for honoring any confirmed Consultations. If a Seeker chooses to interact with an Expert via the Services, these Terms apply, and any other terms, conditions, rules and restrictions set out in the Listing for the Consultation will also apply. Experts have no obligation whatsoever to accept Consultations. When a Seeker requests a Consultation, the Expert will be given access to the Seeker’s PetCoach account profile page. Seekers acknowledge that the information and advice provided by Experts within the Services constitutes their own personal opinion, and Seekers, not the Experts or the Company, are solely responsible for any loss or damage caused by voluntary reliance on such information and advice.

In connection with a payment, Users will be asked to provide customary billing information such as name, billing address, and credit card information either to the Company or its third-party payment processor. Users hereby authorize the collection of payments by charging the credit card provided as part of requesting the Consultation by one of the payment methods described on the Site or Applications, either directly by the Company or indirectly, via a third-party online payment processor. If you are directed to the Company’s third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service, and that third party’s personal information collection practices. Please review such terms and conditions before using the Services.

If you have been improperly charged for a Consultation and believe you require a refund, please contact us at [email protected]. Refunds will be processed on a case-by-case basis.

The Company does not endorse or guarantee any of its Users, User Submissions, or the content of communications between Users, and has no obligation to refer, endorse, or recommend particular Experts to Seekers. In addition, although these Terms require Users to provide accurate information, we do not guarantee that we will attempt to confirm any User’s purported identity or credentials. You are responsible for determining the identity and suitability of others you contact via the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to such actions or omissions.

We reserve the right to refuse to process or complete any Listing, request for a Consultation, Seeker Questions, or other orders or purchases of Services that you place with us for any reason. We expressly prohibit transactions via the Services for resale and/or reselling any Company service or product as part of any business (including any online business) unless expressly agreed to in writing by the Company. Any and all offers or promotions advertised on the Services are void where prohibited by law, and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions. Prices, offers, and selections on the Services are subject to change without prior notice. Users are solely responsible for determining their applicable tax reporting requirements in consultation with their tax advisors. The Company cannot and does not offer tax-related advice to any Users.

We control and operate the Services from our offices in the United States, and all information is processed within the United States. The Company makes no claims that the Services or any content thereof are appropriate, available, or may be downloaded outside of the United States. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. Individuals who choose to access the Services from outside the United States do so voluntarily and are responsible for compliance with their local laws. No information from the Services may be downloaded or otherwise re-exported (a) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

The Services are provided for informational purposes only. Use of the Services is at your own risk. Information on the Services could include inaccuracies or typographical errors and may not be complete or current. The Company reserves the right to correct any inaccuracies, errors, or omissions and to change and update information at any time without prior notice (including after you have submitted your Seeker Question or request for a Consultation or Listing). Should any part of the Services be listed at an incorrect price or a promotional offer be incorrect due to typographical error or systems error, the Company shall have the right to refuse or cancel any orders.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, SEEKERS AND EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE COMPANY AND THE RELEVANT EXPERT MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTING, SERVICES, OR INFORMATION OR ADVICE PROVIDED, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO THE APP. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE FACILITATED BY THE COMPANY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO AND DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, WARRANTY, STATUTE, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING FROM THE SERVICES OR ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID THE COMPANY IN THE PRIOR 12 MONTHS.

To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold the Company and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services, or your violation of these Terms. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

If you use the Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

The Services may contain hyperlinks to other websites and webpages (“Third Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third parties (collectively, “Third Party Applications”). The Company does not investigate, monitor, or review any Third Party Pages or Third Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for Third Party Pages or any Third Party Applications accessed through the Services. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence or integration of any such third party on the Services.

The inclusion of any hyperlinks to any Third Party Pages or Third Party Applications on the Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party's participation or presence on the Services, are solely between you and the third party. The Company has no control over these Third Party Pages or Third Party Applications independent of the Company. The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third Party Pages or Third Party Applications, you should review their respective terms and privacy policies, and you access those Third Party Pages or Third Party Applications at your own risk.

You agree that the Company may, in its sole discretion, with or without cause, with or without prior notice, and at any time, (a) modify, discontinue, or suspend its operation of the Services or any part thereof, and any Materials, temporarily or permanently, without notice or liability to you; and (b) deactivate or cancel your PetCoach account. Upon termination, we will promptly pay Experts any amounts we reasonably determine we owe. In the event the Company terminates these Terms or your access to our Services, or deactivates or cancels your PetCoach account, you will remain liable for all amounts due hereunder. Upon termination, you must destroy any content obtained from the Services and all copies thereof.

The provisions of these Terms relating to Use Restrictions, Copyright and Trademarks, User Submissions, Disclaimers and Limitation of Liability, Indemnity, Applicable Laws, and Mandatory Dispute Resolution shall survive any termination. You may cancel your PetCoach account at any time by contacting the Company at [email protected]. Please note that if your PetCoach account is cancelled, we do not have an obligation to delete or return to you any User Submissions that you have posted to the Services, including, but not limited to, any reviews or feedback.

These Terms govern our relationship with you, along with any additional terms provided to you in connection with certain programs, goods, or services associated with the Company. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms, and you agree that you shall have no remedy with respect to any such representation not included in these Terms. Except as provided in Section 18 (Mandatory Dispute Resolution), each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.

These Terms are governed in accordance with the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply. To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and the Company hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Southern District of California for the adjudication or disposition of any claim, action or dispute arising out of the Services or these Terms, including the PetCoach Privacy Policy. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 18 (Mandatory Dispute Resolution). Except as provided in Section 18 (Mandatory Dispute Resolution), if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed or construed a further or continuing waiver of such term or condition; of any other term or condition; or of any proceeding or succeeding breach of any provision in these Terms.

Pre-Dispute Resolution Process: Should you and the Company have a Dispute (as defined below), the Company is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and the Company, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.

For your Disputes with the Company, you must first send your name, address, telephone number, email address, and sufficient information for the Company to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought, along with the calculation you used (the “Notice”) to the following email address: [email protected]. You and the Company agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone or video settlement conference if requested by the Company. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the settlement conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after the Company’s receipt of the written description detailed above, you and the Company agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above. If the sufficiency of the Notice or compliance with this pre-dispute resolution process is at issue, either party may elect to have this issue decided by a court, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.

Arbitration: You and the Company agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company’s employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court, provided that an action in small claims may only seek individualized relief and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If the limitations on a small claims court proceeding are deemed unenforceable for any reason, it shall be severed from this agreement and the parties may not elect to proceed in small claims court, and the dispute shall be heard in arbitration. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Terms, and which arise after the termination of this agreement. Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a court to decide.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.

Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) as modified by this arbitration agreement. The JAMS Rules, including instructions for bringing arbitration, are available on its website at www.jamsadr.com/rules-streamlined-arbitration . If JAMS is unable or unwilling to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written and applying the selected arbitration organization’s consumer rules. When initiating arbitration, you shall personally certify to the Company and to JAMS that you are a party to this arbitration agreement and provide a copy or link to it. You shall also personally certify that you have complied with the pre-dispute resolution process detailed above. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise.

The Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, and you have complied with the pre-dispute resolution process outlined above, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay their own attorneys’ fees, costs, and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules. The arbitrator may consider whether a party had previously offered full relief to the other party or whether the proceeding is part of multiple case filings. The provisions of Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by these Terms as any court would be. The arbitrator shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties. The arbitration may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claimants.

The arbitration may be conducted by telephone, based on written submissions, or in person at a mutually agreed-upon location convenient for you. You agree to appear at an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented. If fifty (50) or more claimants submit Notices raising similar claims and they are represented by the same or coordinated counsel, you understand and agree to the following provisions: (1) you agree that the adjudication of your Dispute may be delayed; (2) you agree that your counsel will negotiate in good faith with the Company to determine a reasonable staged bellwether process involving a subset of demands not to exceed fifty (50) at a time, each of which shall be adjudicated on an individual basis; (3) only after each of the arbitrations that proceed are adjudicated or otherwise resolved shall the next set of staged proceedings commence; (4) your Dispute shall not be filed or considered properly filed in arbitration and filing fees shall not be due and owing until it is selected for inclusion in this continuously staged, reasonable bellwether process. This process shall continue until all the claimants’ claims are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for your claim from the time of initiation with JAMS until the time your Dispute is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against the Company.

As referenced above, this dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of these Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which the Company has notice or pending arbitration proceeding.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OPT-OUT OF AGREEMENT TO ARBITRATE: The Company’s updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed and did not validly opt out of arbitration. The Company will continue to honor any valid opt outs if you previously opted out of arbitration with us. To opt out of arbitration, you must send a notice via U.S. Mail to PetCoach at: PetCoach, c/o Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, or via email to [email protected], and you must provide the following information: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than thirty (30) days after the date you first become subject to this arbitration agreement. If you opt out of this agreement to arbitrate, all other provisions of these Terms will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may have entered into with the Company or may enter into in the future with the Company.

The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting the Company at the address identified below and providing the following information:

1. Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., the URL) of an authorized version of the work(s);
2. Identification of the content that you believe to be infringing, and its location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
3. Your name, address, telephone number, and email address;
4. A statement that you have a good faith belief that the complained-of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Please send all notices (and counter-notices) to the Company’s designated copyright agent at the following address:

The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services.

Except as otherwise stated herein, and except as expressly provided in a particular notice or disclaimer posted by or on behalf of the Company on the Services, these Terms and the PetCoach Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Services and Materials.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services. You may submit such feedback by emailing us at [email protected]. You acknowledge and agree that all feedback will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein. At the Company’s request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.

In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the Company and, if appropriate, to the appropriate authorities.

Please contact us at the contact information below with any feedback, reports, or questions regarding these Terms. The Company is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.