GoPatter Terms & Conditions
Welcome to GoPatter
The following constitutes the GoPatter Terms of Use Agreement (“Agreement”) and is legally binding and applies to your use of the Services (hereinafter defined).
Last Modified: August 05, 2024
Acceptance of the Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
These terms of use are entered into by and between you as a platform and service user (“Y/you”) and BioPet Vet Lab, Inc. ("Company," "W/we," or "U/us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of (i) gopatter.com (the "Website"), and (ii) all related features, content, functionality, services, software applications (including the GoPatter mobile application (the “App”)), and networks (collectively, the “Services”).
This Agreement constitutes legally binding terms and applies to your use of the Services regardless of the type of device used to access them (“Device”) unless such Services post superseding and clearly stated terms of use or end user license agreement, in which case that agreement (“Other Terms”) shall instead govern. If you are using the Services on behalf of an entity, such as a company or organization (each, and “Entity”), then you represent to us that you have the power and authority to bind such Entity to these Terms of Use. Note, however, that any Entity shall be bound by the dispute resolution, indemnification, limitation of liability and other terms herein as a result of your stated authority of representation. If we discovery that you are unauthorized to bind an Entity, we may terminate your access immediately without individual recourse.
By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by reference. This applies whether you access the Services as a guest or a registered user. If you do not want to agree to these Terms of Use, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years of age, you may only use the Services, with or without registering, with the approval of your parent or legal guardian. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If we make any material change and you are a registered user, we will also send an e-mail to you at the last e-mail address you provided to us in accordance with this Agreement. If you do not agree to any material changes after receiving notice of such changes, you shall stop using the Services. Otherwise, your continued use of Services constitutes your acceptance of such changes.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access, including registered user access, to some parts of the Services or the entire Services.
You are responsible for both:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or App, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or guest Internet network so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
User Content License. Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, or any other materials (collectively, “User Content”) that you post, transmit, submit, display, or publish (hereinafter, “post”) on, through, or in connection with the Services. After posting your User Content on, through, or in connection with the Services, you continue to retain any such rights that you have in your User Content, subject to the limited license granted herein.
Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, transferrable, word-wide and royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Company Content. The Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser or mobile application for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
You must not access or use for any commercial purposes any part of the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
User Content
The Services may contain a newsfeed, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post User Content on or through the Services.
All User Content must comply with the Content Standards set out in these Terms of Use.
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license granted in the User Content License section above and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Content do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.
Monitoring and Enforcement: Termination
We have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on or in connection with the Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Membership Overview
Fees. Currently, we are providing FREE access to our Services. GoPatter may, however, introduce fees for certain services in the future. If we make any amendment to fees in the future, we will give thirty (30)-day notice by email to the primary email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. If you do not agree to these amended terms, you may close your account within the thirty (30)-day period after such notice and you will not be bound by the amended terms.
Rewards Program. The GoPatter Rewards Program (“Program”) is offered at our sole discretion and is a way in which We reward and thank our users for practicing responsible dog owner behaviors. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program.
GoPatter Pro Subscription Terms
Subscription Overview: GoPatter Pro is an optional paid subscription offering additional features including 24/7 virtual vet care and boosted rewards. By enrolling in GoPatter Pro, you agree to pay the applicable subscription fees, which are currently $14.95 per month or $149.95 per year, billed in advance.
Automatic Renewal. Your GoPatter Pro subscription will automatically renew at the end of each billing cycle (monthly or yearly, as applicable) unless you cancel your subscription before the renewal date. You authorize us or our payment processor to automatically charge the subscription fee to your selected payment method at each renewal.
Price Changes: We reserve the right to change the subscription pricing for GoPatter Pro at any time. If we change the price of your subscription, we will notify you in advance by email or in-app notification. Price changes will apply to subsequent billing cycles after the effective date of the updated pricing. By continuing to use GoPatter Pro after the price change takes effect, you agree to the new pricing.
Cancellation and Refunds: You may cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of your current billing period, and you will retain access to GoPatter Pro features until the end of the period. We do not offer refunds or credits for partial months or years.
Billing via App Stores: All subscription payments for GoPatter Pro made through the Apple App Store or Google Play Store are governed by the respective platform’s payment and refund policies. You must manage your subscription and cancellations directly through the applicable app store.
Modification of Services: We reserve the right to modify, suspend, or discontinue features offered through GoPatter Pro—including rewards, virtual vet care, or other services—at any time, with or without notice. Where possible, we will provide advance notice of material changes.
Rewards Program Modifications: We reserve the right, in our sole discretion, to modify, add, or remove point-earning activities, adjust the number of Patter$ (points) awarded for any activity, modify or remove a user’s outstanding Patter$, and change the number of Patter$ required to redeem any reward at any time, with or without notice. This right applies to all users, including those enrolled in GoPatter Pro subscriptions. Such changes may affect your ability to earn or redeem Patter$, including increasing or decreasing the Patter$ required for rewards, altering eligible activities, or discontinuing specific rewards or partners. Your continued use of the Services after changes to the Rewards Program indicates your acceptance of the modifications.
Virtual Pet Care Services
Third-Party Virtual Pet Care Services. Virtual pet care services available through the GoPatter mobile application are provided in partnership with TeleTails Inc. (“TeleTails”), a third-party provider of telehealth technology and services. By accessing or using these services within the GoPatter app, you acknowledge and agree that you will be interacting with a platform operated by TeleTails and will be subject to TeleTails’ Terms of Service and Privacy Policy.
These services are intended for non-emergency support only and should never be used in the event of a pet health emergency. If your pet is experiencing a medical emergency, you should contact your veterinarian or the nearest emergency animal hospital immediately.
GoPatter does not provide veterinary services and assumes no responsibility for the care, advice, or outcomes associated with the use of TeleTails’ platform. Use of these services does not establish a veterinarian-client-patient relationship. All medical decisions regarding your pet’s care should be made directly with a licensed veterinarian.
Consent to Data Sharing: By using the virtual pet care services offered via GoPatter Pro, you consent to the sharing of your information—including personal details and pet-related information—with TeleTails for the purpose of providing virtual veterinary support. This information will be handled in accordance with our Privacy Policy and TeleTails’ own privacy practices.
Geographic Availability: Access to virtual veterinary services may vary by geographic location. You are responsible for ensuring that use of TeleTails services is legally permitted in your jurisdiction.
TeleTails Liability Disclaimer: GoPatter makes no representations or warranties regarding the qualifications, licensing, or advice provided by veterinary professionals available through TeleTails. We do not vet or control the medical decisions made by TeleTails providers.
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association with us, approval from us, or endorsement by us without our express written consent.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Services.
Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
The Services may also contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This section includes but may not be limited to links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, irrespective of whether those sites refer to us or your visitation to the site from our Services.
Geographic Restrictions
The owner of the Services is based in the State of Tennessee in the United States. We have created the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES LINKED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF CHARITABLE DESIGNATION, LOSS OF CHARACTERIZATION OF MONEY DONATED, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend (at our election) and hold Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services, and your activities in connection with the Services; (b) your violation or anticipatory violation of any applicable law in connection with your use of the Services, or your activities in connection with the Services; (c) a breach or anticipatory breach of this Agreement; (d) any breach of your agreements, representations and warranties set for in this Agreement; (e) any User Content that you post on, through or in connection with the Services; (f) information or material transmitted through your Device used to access the Services, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other rights of any person or entity; (g) any misrepresentation made by you; and (h) Company’s permitted use of the information that you submit to use (including your User Content) (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Company in the defense of any Claim and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of any officer of Company.
Legal Disputes
DISCLAIMER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
Arbitration Acknowledgement: You and Company agree that any and all disputes or claims at law or equity that have arisen or may arise between you and Company relating in any way to or arising out of this or previous version this Agreement or your use of or access to the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved exclusively through final and binding arbitration, rather than in court, under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Tennessee law (“Arbitration Acknowledgement”). The Arbitration Acknowledgement does not apply to each party’s right to seek injunctive or other equitable relief in court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Acknowledgement to the exclusion of state law inconsistent therewith. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Arbitration Acknowledgement.
Governing Law: All matters relating to the Services and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
INDIVIDUAL BASIS ONLY: YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THE PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Agreement applies: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Terms of Use as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Arbitration Acknowledgement, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court in Davidson County, Tennessee.
Notice: A party who intends to seek arbitration must first send to the other, by certified mail, a complete form Notice of Dispute (“Notice”). The Notice to Company should be sent to:
BioPet Vet Lab, Inc.
409 Bearden Park Circle
Knoxville, TN 37919
Company will send any Notice to you at the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
Initiate Proceedings: If you and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by your or Company shall not be disclosed to the arbitrator.
Procedure: The arbitration hearing shall be held in Knox County, Tennessee, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Company may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.
Award: The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties” and “Limitation on Liability” sections above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).
Amendment to this section: Notwithstanding any provision herein to the contrary, you and we agree that if we made any amendment to this Arbitration Acknowledgement (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Acknowledgement that have arisen or may arise between you and Company. We will notify you of amendments to this Arbitration Acknowledgement by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your account within the thirty (30)-day period after such notice and you will not be bound by the amended terms.
Jurisdiction: Unless you and we agree otherwise, in the event that the Arbitration Acknowledgement above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Company, may be resolved exclusively by a state or federal court located in Knox County, Tennessee. You and Company agree to submit to the personal jurisdiction of the courts located within Knox County, Tennessee, for the purpose of litigating all such claims and disputes.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Terms of Use is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and other agreements found on or accessible through our site or apps, constitute the sole and entire agreement between you and BioPet Vet Lab, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
The Services are operated by BioPet Vet Lab, Inc. located at 409 Bearden Park Circle, Knoxville, TN 37919.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: connor@gopatter.com .