Agreement between User and www.AllAboutPetInsurance.com
Welcome to www.AllAboutPetInsurance.com. The
www.AllAboutPetInsurance.com website (the "Site") is comprised of
various web pages operated by All About Pet Insurance Solutions, LLC ("All
About Pet Insurance"). www.AllAboutPetInsurance.com is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of
www.AllAboutPetInsurance.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
www.AllAboutPetInsurance.com is a News and Information Site
to help pet parents choose pet insurance that is right for
them and their pets
Privacy
Your use of www.AllAboutPetInsurance.com is subject to All
About Pet Insurance's Privacy Policy. Please review our
Privacy Policy, which
also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.AllAboutPetInsurance.com or sending emails to
All About Pet Insurance constitutes electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Children Under Thirteen
All About Pet Insurance does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use www.AllAboutPetInsurance.com only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.AllAboutPetInsurance.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of All About Pet Insurance and All About Pet Insurance is not responsible for
the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. All
About Pet Insurance is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by All About Pet Insurance
of the site or any association with its operators.
Certain services made available via
www.AllAboutPetInsurance.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the www.AllAboutPetInsurance.com domain, you hereby acknowledge and consent
that All About Pet Insurance may share such information and data with any third
party with whom All About Pet Insurance has a contractual relationship to
provide the requested product, service or functionality on behalf of
www.AllAboutPetInsurance.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use www.AllAboutPetInsurance.com strictly in accordance
with these terms of use. As a condition of your use of the Site, you warrant to
All About Pet Insurance that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of All About Pet Insurance or its suppliers
and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. All About
Pet Insurance content is not for resale. Your use of the Site does not entitle
you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of
All About Pet Insurance and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of All About Pet
Insurance or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by All
About Pet Insurance from our offices within the USA. If you access the Service
from a location outside the USA, you are responsible for compliance with all
local laws. You agree that you will not use the All About Pet Insurance Content
accessed through www.AllAboutPetInsurance.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless All About
Pet Insurance, its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. All About Pet
Insurance 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 All About Pet Insurance in asserting any
available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable attorney's
fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms
and Conditions, whether directly or indirectly, including Tort claims that are
a result of these Terms and Conditions. The parties agree that the Federal
Arbitration Act governs the interpretation and enforcement of this provision.
The entire dispute, including the scope and enforceability of this arbitration
provision shall be determined by the Arbitrator. This arbitration provision
shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and All
About Pet Insurance 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALL ABOUT PET
INSURANCE SOLUTIONS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
ALL ABOUT PET INSURANCE SOLUTIONS, LLC AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. ALL ABOUT PET INSURANCE SOLUTIONS, LLC AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL ALL ABOUT PET INSURANCE SOLUTIONS, LLC AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALL ABOUT
PET INSURANCE SOLUTIONS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
All About Pet Insurance reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
California and you hereby consent to the exclusive jurisdiction and venue of
courts in California in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation,
this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and All About Pet Insurance as a result
of this agreement or use of the Site. All About Pet Insurance's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of All About Pet Insurance's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by All
About Pet Insurance with respect to such use. If any part of this agreement 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 the agreement shall continue in
effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and All About Pet Insurance
with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and All About Pet Insurance with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
All About Pet Insurance reserves the right, in its sole
discretion, to change the Terms under which www.AllAboutPetInsurance.com is
offered. The most current version of the Terms will supersede all previous
versions. All About Pet Insurance encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
All About Pet Insurance welcomes your questions or comments
regarding the Terms:
All About Pet Insurance Solutions, LLC
2225 East Bayshore Road, Suite 200
Palo Alto, California 94303
Email Address:
info@AllAboutPetInsurance.com
Telephone number:
(877) 738-1838
Effective as of October 02, 2019