Welcome! These Waggit Terms of Service (the “Agreement”) are a legal agreement between you and Vibrissa, Inc., (“Vibrissa”, “Waggit”, “we”, or “us”), that governs your access to and use of the websites, applications, software, devices, and related services, including content and features, of Waggit (collectively, the “Services”). Please read this Agreement carefully to ensure that you understand each provision.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
A. Services Optimization
Use of the Waggit Application (as defined in Section 2) and the Waggit pet monitoring device (the “Waggit Device”) is restricted to the U.S.A. (the “Territory”). You are responsible for making sure your Waggit Device and mobile service provider’s network support use of the Waggit Application and the Waggit Device. To maximize your use of our Service, you must use the Waggit Application together with your Waggit Device. If you do not use both the Waggit Application and the Waggit Device, some or all of the Services may be limited or non-functional. In addition, you must have a Bluetooth-enabled mobile device to be able to receive Waggit Application data updates from your Waggit Device.
B. Health and Veterinarian Disclaimer
The Waggit Device is not a medical device. The Services, including the Waggit Application and Waggit Device, are not intended to diagnose, treat, cure, or prevent any pet disease and are not a replacement for routine care by a licensed veterinarian. If your pet has a medical condition, such as a heart condition, consult your veterinarian before using the Services or changing your pet’s diet or exercise regimen. If your pet experiences a medical emergency, immediately stop using the Services and consult a veterinarian. We are not responsible for any health problems that may result from you or your pet’s use of the Services or from activity or training programs, activity recommendations, products, services, or events you learn about through the Services. If you participate in or engage your pet in any activity or training program that you learn about through the Services, you agree that you do so at your sole risk and are voluntarily participating in and engaging your pet in these activities.
C. Access and Eligibility
(i) You may use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under the age of 13 is strictly prohibited from accessing or using the Service. The Service is not available to any Users previously removed from the Service by Waggit. Waggit may terminate your access to the Services at any time for any reason or no reason.
(ii) The Service is controlled and operated from facilities in the United States. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
D. Waggit Accounts
(i) You may register on the website or the Waggit Application (as defined below) for an account (“Waggit Account”). Your Waggit Account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.
(ii) You may never use another User’s Waggit Account without permission. When creating your Waggit Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Waggit Account, and you must keep your password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Waggit Account. You must notify Waggit immediately of any breach of security or unauthorized use of your Waggit Account. Waggit will not be liable for any losses caused by any unauthorized use of your Waggit Account.
(iii) You may edit your Waggit Account profile and other Service features by changing your Settings. By providing Waggit your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Waggit. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
E. User Content
(i) Users may themselves, or permit features of the Services to, publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content"), regardless of whether through their Waggit Account or otherwise.
(ii) For good and valuable consideration, you irrevocably convey, transfer, and assign to Waggit, and Waggit accepts, all of your right, title, and interest in and to the User Content. You grant Waggit and its affiliates and sublicensees the right to use your Waggit Account name, your name, persona and likeness included in any User Content and any other information associated with the User Content. You must have first obtained permission from, the rightful owner of, and all person(s) appearing in, any User Content before posting it to the Services. You represent and warrant that you own the User Content and that you have right to convey, transfer, and assign the User Content to Waggit; you also represent and warrant that your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party because of User Content use under this Agreement. You hereby release, discharge and agree to hold Waggit, and any person acting on its behalf, harmless from any liability related in any way for use of your User Content.
F. Service Rules
(i) You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Waggit servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including Waggit Account User names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
(ii) We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile device data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits.
2. Waggit Application
(A) We make available software to access the Service via a mobile device (“Waggit Application”). To use the Waggit Application you must have a compatible mobile device. Waggit does not warrant that the Waggit Application will be compatible with your mobile device. Subject to the terms and conditions of the Agreement, Waggit hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Waggit Application for your personal use.
(B) You may not: (i) modify, disassemble, decompile or reverse engineer the Waggit Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Waggit Application to any third party or use the Waggit Application to provide time sharing or similar services for any third party; (iii) make any copies of the Waggit Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Waggit Application, features that prevent or restrict use or copying of any content accessible through the Waggit Application, or features that enforce limitations on use of the Waggit Application; or (v) delete the copyright and other proprietary rights notices on the Waggit Application.
(C) You acknowledge that Waggit or its partners may from time to time issue upgraded versions of the Waggit Application, and may automatically electronically upgrade the version of the Waggit Application that you are using on your device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Waggit Application is covered by the applicable open source or third-party end user software license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Waggit Application or any copy, and Waggit or its third party partners or suppliers retain all right, title, and interest in the Waggit Application (and any copy). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Waggit reserves all rights not expressly granted under this Agreement.
(D) Certain distributors (such as application store providers) are intended beneficiaries of the Agreement and have the right to enforce the Agreement directly against you. Other than as set out in this subsection and section 2(E), the Agreement does not grant rights to anyone except you and Waggit, and in no event shall the Agreement create any third party beneficiary rights.
(E) The following applies to any Waggit Application you acquire from the Apple, Inc. (“Apple”) App Store or if you are using on an iOS device to access the Waggit Application: You acknowledge and agree that this Agreement is solely between you and Waggit, not Apple, and that Apple has no responsibility for the Service or content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Waggit Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Waggit Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, and any of these claims will be solely governed by this Agreement. Apple is not responsible for addressing any claims of you or any third party relating to the Waggit Application or your possession and/or use of the Waggit Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Waggit Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement. In the event of any third party claim that the Waggit Application or your possession and use of the Waggit Application infringes that third party’s intellectual property rights, Waggit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your Waggit Application license, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your Waggit Application license against you as a third party beneficiary. You hereby represent and warrant that (x) 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 (y) you are not listed on any U.S. Government list of prohibited or restricted parties.
3. Our Proprietary Rights; Ideas
(A) The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all User Content (the “Waggit Content”), and all intellectual property rights related thereto, are the exclusive property of Waggit and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to you or any third party in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Waggit Content. Use of the Waggit Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
(B) You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Waggit under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Waggit does not waive any rights to use similar or related ideas previously known to Waggit, or developed by its employees, or obtained from sources other than you.
4. Waggit Premium
A. Waggit Premium Services.
Features and capabilities of the Service may be sold as a paid subscription service from Waggit or our partners (“Waggit Premium”). Features and capabilities may include, but are not limited to, all previously mentioned features and capabilities, or newly created features; and removal of limitations on features and capabilities of the Service. At any time, Waggit may make previously available features and capabilities part of the paid subscription service.
B. Billing Policies.
If you elect Waggit Premium, you agree to the pricing and payment terms, as we may update them from time to time on our website and in this Agreement. Waggit may add new features to the Services for additional fees and charges, or amend fees and charges for existing features, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
C. Pricing and Payment Terms
(i) Subscription Fees are due upon purchase and Waggit Premium subscriptions automatically renew.
All Waggit Premium subscription and access fees (“Subscription Fee”) for are due upon Waggit Premium purchase. Waggit Premium can be purchased as an annual or monthly subscription and such subscription will renew automatically for the time period elected in your Waggit Account. Waggit is not responsible for any third party charges or expenses you incur resulting from Subscription Fees, or otherwise authorized charges, billed by Waggit in accordance with the Agreement (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts), you authorize Waggit to continue charging the payment method for all charges due Waggit until you cancel Waggit Premium as per this subsection 4(c) . Waggit reserves the right to limit the number of Waggit Accounts that may be charged to a credit card or other payment or identification method per unique User.
(ii) Waggit Premium may have a trial period.
After initial registration for Waggit Premium, you may be given a trial period beginning with your first login to your Waggit Account. You may cancel Waggit Premium at any time during the trial. You may cancel your Waggit Premium trial at any time. You are limited to one (1) trial period per User (established by a credit card or other unique payment or identification method) for any 12-month period.
(iii) You will be charged Subscription Fees after the trial period and/or your Waggit Premium subscription will be automatically renewed. Except in limited circumstances, we do not provide refunds of Subscription Fees.
(iv) Payment methods.
Waggit accepts credit and debit cards issued through VISA, MasterCard, American Express, and Discover. Waggit uses third party processors to accept and process your Subscription Fees and other payments. In the event that Waggit is unable to charge the card you have provided, Waggit will send you a notice to update your card information in your Waggit Account. You will have a 14-day grace period to update your Waggit Account billing information. If your Waggit Account is not updated within the 14-day grace period, Waggit will terminate your access to Waggit Premium.
D. Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
5. Closing Your Account
You may cancel your Waggit Account at any time. To cancel your Waggit Account, please send a request to cancel your Waggit Account via email to email@example.com. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. Your Waggit Account will be canceled within 48 hours of your cancellation request.
6. Copyright Materials Infringement Notification
A) If you believe any of the Services infringe a copyrighted work that you own, notify our copyright agent in writing. The contact information for our copyright agent is located in Section 6(C).
(B) In order for us to take action, you must do the following in your notice to us:
(C) The contact information for our copyright agent is as follows:
Waggit cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9. Export Control
The Waggit Application and Waggit Device originate in the United States, and is subject to United States export laws and regulations. The Waggit Application and Waggit Device may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Waggit Application and Waggit Device may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Waggit Application, the Waggit Device, and the Waggit Service.
10. Third-Party Applications and Links
You agree to defend, indemnify and hold harmless Waggit and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Waggit Account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. Warranty Disclaimer
EXCEPT FOR A PROVIDED IN THE WAGGIT LIMITED WARRANTY AND REFUND POLICY, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAGGIT OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WAGGIT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WAGGIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WAGGIT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WAGGIT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAGGIT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WAGGIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAGGIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WAGGIT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, INCLUDING DIRECT DAMAGES, LOSSES OR COSTS, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WAGGIT HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WAGGIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Governing Law and Arbitration
A. Governing Law.
You agree that: (i) the Service shall be deemed solely based in Colorado; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Waggit, either specific or general, in jurisdictions other than Colorado. This Agreement shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Boulder County, Colorado for any actions for which we retain 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WAGGIT. In the unlikely event that Waggit has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Waggit claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Boulder County, Colorado, unless you and Waggit agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Waggit from seeking injunctive or other equitable relief from the courts as necessary to protect any of Waggit’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND WAGGIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Waggit without restriction. Any attempted transfer or assignment in violation shall be null and void.
B. Notification Procedures and Changes to the Agreement.
Waggit may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Services as determined by Waggit in our sole discretion. Waggit reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Waggit is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Waggit may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms of the Agreement. If you do not agree to any of these terms or any future terms of the Agreement, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Waggit in connection with the Service, shall constitute the entire agreement between you and Waggit concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Waggit’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on December 24, 2018.