These Terms of Use (the “Terms”) govern your use of the Treat, Inc. (the “Company”) service available through our website located at https://treat.co (the “Website”), and software applications, including the application entitled “Treatbot” (each, an “App” and collectively, “Apps”) that facilitate the scheduling, management and performance of veterinary care and other pet care related services (collectively, the functionality provided by the Website and App referred to as the “Service”). By clicking the “I accept” button, completing the registration process, browsing our Website, downloading and installing the App or using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If not, do not download the Apps or use the Website or Service.

 

Please read these terms of use carefully. By accessing, browsing or using the website or service, clicking on the “I accept” button, completing the registration process, and/or downloading the app, you represent (1) that you are of legal age to form a binding contract with company, and (2) you have the authority to enter into the terms of use personally or on behalf of the company you represent. If you do not agree to be bound by these terms of use, you may not access or use the website, app or services.

 

1      About Treat

 

a      Generally

The Service enables you to communicate with veterinary professionals to schedule veterinary care and other pet related services performed by a Treat “Provider”. Upon approval of price of a service, you will be assigned one or more individuals (each, a task appropriate “Provider” with necessary license or certification) who will perform the service (such as an in-home veterinary exam or a video dog training session) requested by you via the Service (each, a “Service”). To schedule a Service, you must input the required information as requested through the Service. You agree that any information you provide when scheduling a Service is true, accurate, current and complete, and, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so will constitute a breach of these Terms.

 

b      Veterinary Practices

Treat complies with the rules and regulations set forth by the American Veterinary Medical Association (AVMA) Model Veterinary Practice Act (MVPA). To learn more about the American Veterinary Medical Association (AVMA) Model Veterinary Practice Act (MVPA) please visit https://www.avma.org/KB/Policies/Pages/Model-Veterinary-Practice-Act.aspx. In addition, Treat adheres to the AVMA code of ethical conduct known as the Principles of Veterinary Medical Ethics (PVME). To learn more visit https://www.avma.org/KB/Policies/Pages/Principles-of-Veterinary-Medical-Ethics-of-the-AVMA.aspx.

 

c       Operating in the State of California

Treat complies with the California Veterinary Medical Board Code of Regulations, Veterinary Medicine Practice Act, Dental Operations Regulations, Disciplinary Guidelines, Minimum Standards Regulations, Pharmacy Regulations, and Registered Veterinary Technician Job Task Regulations. To learn more visit http://www.vmb.ca.gov/laws_regs/index.shtml.

 

d       Remote service limitations

The Company complies with AVMA Section 5 - Veterinarian Client Patient Relationship. The American Veterinary Medical Association requires that veterinary medicine only be practiced within the context of a veterinarian-client-patient relationship (VCPR). And because a VCPR requires the veterinarian to examine the patient, it cannot be adequately established by telephonic or other electronic means (ie, via telemedicine) alone. However, once established, a VCPR may be able to be maintained between medically necessary examinations via telephone or other types of remote consultations.

 

e      Third Party Applications

In order to complete certain Services, the Service may need to access certain third party software applications on your mobile device (“Third Party Apps”) and the account(s) associated with such Third Party Apps. You expressly consent to and authorize the Company to access and use those Third Party Apps designated by you, including the relevant accounts associated therewith, on your behalf to the extent necessary to provide the Service to you and complete the Services. You acknowledge and agree that the use of Third Party Apps is governed by the relevant terms and conditions associated therewith (“Third Party Terms”), and that you are by bound by such Third Party Terms. You further acknowledge and agree that the Company has no control over and cannot be responsible for any Third Party App or its products or services. Accordingly, the Company disclaims any and all warranties, and liabilities with respect to Third Party Apps, and their products and services.

 

2      Registration

 

a      Member Accounts

In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (“Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. We reserve the right to terminate any account which we reasonably determine may have been used by an unauthorized third party. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed by the Company, or if you have been previously banned from any of the Services.

 

b       Keys

In order to provide certain Services, such as pet sitting or deliveries, our Providers may request access to your residence. Upon registration or request, you agree to provide your Provider with a set of keys to your residence, along with any other information reasonably required by your Provider, to perform the Services.

 

3      Licenses and Restrictions

 

a      License

Subject to the terms and conditions herein, Company grants you a personal, revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).

 

b      Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, Apps, back-end databases or Services (collectively, the “Company Properties”) or any portion of the Company Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties; and (i) you shall not use the Company Properties for any illegal or unlawful purpose. Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.

 

c       Updates

All updates and upgrades to the App will be governed by the version of these Terms published by Company as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.

 

 

4      Ownership Rights and License

 

As between you and Company, the Company Properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the “Company Content”) is, and shall remain the sole property of Company and is subject to protection under U.S. and foreign copyright or trademark laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Company.

 

5      Service Fees and Payment Terms

 

a      Service Fees

You will be responsible for payment of the applicable fees for any Services (each, a “Service Fee”) upon the completion of said service (each, a “Service Commencement Date”). All fees for the Services are non-refundable. No contract will exist between you and the Company for the Services until the Company accepts your request by placing a temporary hold on your provided credit card, and sends a confirmatory email, text message, notification via the App, or other appropriate means of communication.

 

b      Payment

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We partner with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and also agree to Stripe's [Terms of Service] (https://stripe.com/us/terms). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Stripe with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately update your payment details in Stripe if there is any change in your billing address or the credit card used for payment hereunder. You additionally agree to pay our 3.5% fee on all goods and services purchased on your behalf; this fee is to cover the miscellaneous payment processing fees and/or tips which we are required to pay our vendors. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Company Properties or by email delivery to you.

 

c       Automatic Renewal

Any subscription based services will continue indefinitely until terminated in accordance with the Terms. AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE COMPANY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE RENEWAL COMMENCEMENT DATE BY CONTACTING US VIA EMAIL (service@treat.co). If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact us via email (service@treat.co). If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if the Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

 

d      Free Trials and Other Promotions

Any free trial or other promotion that provides user access to Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable service fee. If you are inadvertently charged for a subscription service, please contact the Company to have the charges reversed.

 

 

6      Communications

 

The Company reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Services performed by your Provider, and for service and support related issues. We reserve the right to contact you through email and text messages, or notices posted on the Website or in your Account. Notices will be deemed effective at the time they are sent by the Company or as of the date they are posted, regardless of whether you actually read any such notices.

 

7      Code of Conduct

You acknowledge our Providers are human beings that deserve your respect, and that your continued use of the Services is contingent upon your continued observance of the following code of conduct (“Code of Conduct”): The purpose of this Code of Conduct is simple: to ensure the safety, comfort and enjoyment of all involved, including you, your pets, and our Providers, when you use the Services. Accordingly, you agree that you shall not: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to our Providers or create a condition that endangers the health and safety of our Providers; (ii) make or attempt any unwanted sexual advance or statement to our Providers; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against our Providers; (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; or (v) engage in any behavior that discriminates against our Providers because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of our Code of Conduct shall be deemed a material breach of these Terms, and the Company may terminate your Account and access and use of the Services without penalty.

 

8      No Warranty

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES, SERVICES, AND ANY COMPANY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMPANY PROPERTIES, SERVICES, THE PROVIDERS AND ANY COMPANY CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE COMPANY PROPERTIES, PROVIDERS AND ANY COMPANY CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING THE COMPANY’S OR ITS PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF THE COMPANY AND ITS PROVIDERS, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT THE COMPANY HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND THIRD PARTY SERVICES.

 

9      Limitation of Liability

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES, ANY COMPANY CONTENT, ANY INFORMATION AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH THE PROVIDERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

10  Keys

 In order to provide certain Services, such as dog walking, pet sitting, or food delivery, our Providers will require access to your residence. Upon registration or request, you agree to provide your Provider with a set of keys to your residence, along with any other information reasonably required by your Provider, to perform the Services. The Company takes reasonable measures to protect the security of all keys provided by you to our Providers. EXCEPT AS OTHERWISE STATED HEREIN, EXCLUDING CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATED TO LOST KEYS OR ANY UNAUTHORIZED USE OR ACCESS TO YOUR KEYS.

 

11  Feedback

 

If you provide Company with any feedback or suggestions regarding the App, Services or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Company will treat any Feedback you provide to Company as non-confidential and nonproprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

 

12  Arbitration; Applicable Law

 

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

a      Except for a claim by Company against you, any and all disputes between you and Company arising under or related in any way to these Terms must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App.

 

b      YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

 

c       The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Company must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in California. Claims of infringement or misappropriation of Company’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco, California.

 

d      The laws of the State of California, excluding its conflicts of laws rules that would result in the laws of a State other than California, govern this license and your use of the Service.

 

13  Application Store Additional Terms and Conditions

 

The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store.

 

a      Acknowledgement

Company and you acknowledge that this Agreement is concluded between Company and you only, and not with the App Store, and Company, not the App Store, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.

 

b      Scope of License

The license granted to you for App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.

 

c       Maintenance and Support

Company is solely responsible for providing any maintenance and support services with respect to App, as specified in these Terms (if any), or as required under applicable law. Company and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to App.

 

d      Warranty

Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.

 

e      Product Claims

Company and you acknowledge that the App Store is not responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Company’s liability to you beyond what is permitted by applicable law.

 

f       Intellectual Property Rights

Company and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Company, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

g      Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

h      Developer

Name and Address Company’s contact information for any end-user questions, complaints or claims with respect to App is set forth below.

 

i        Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using App.

 

j        Third Party Beneficiary

You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.

 

14  Company Name and Address

 

Company’s contact information for any end-user questions, complaints or claims with respect to Company Properties is service@treat.co.

 

15  Indemnification

 

You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Company Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Company Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.

 

16  Release

 

You hereby release the Company Parties and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of the Providers or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.

 

17  Equitable Remedies

 

You hereby agree that if these Terms are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.

 

18  Change to these Terms

 

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Company will make a new copy of the Terms of Use available at the Website and within the App. We will also update the “Last Updated” date at the bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we will also send an email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Company Properties and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or App or thirty (30) days after dispatch of an email notice of such changes to users who have registered for an Account. Company may require you to provide consent to the updated Terms in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Company Properties; otherwise, your continued use of the Company Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.

 

19  Termination

 

Company may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data you have stored on the Service, unless Company is required to retain it by law. You may terminate your registration at any time. Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations of liability that favor Company will survive the expiration or termination of these Terms for any reason, including Sections 9, 12, 16, 17 and 20.

 

20  Consumer Complaints

 

If you are a California resident, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

21  Miscellaneous

 

Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.