These Terms of Service (“Terms”) govern your use of the Petted website, application programming interfaces, content, Products and other services offered by CPI, as well as CPI services offered through third parties integrating CPI functionality (collectively, the “Services”).  Compare Pet Insurance Services, Inc. (“CPI”, “Company”, “we” or “us”) provides the Services.  “You” refers to you as a user of any of the Services.

THE DISPUTE RESOLUTION SECTION IN SECTION 15 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND CPI TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.  PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY.  BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Acceptance of these Terms 

By agreeing to these Terms, and/or by using or accessing the Services (including without an account), you expressly acknowledge that you understand and accept all of the terms (including the dispute resolution and arbitration provisions below).  BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES. 

2. Changes to these Terms

CPI may, in its sole discretion, amend the Terms and modify or update the Services from time to time.  If we change these Terms, we will give you notice by posting the revised Terms on the Services.  Please review this page periodically to ensure you are up to date with any changes.  Those changes will go into effect on the revision date shown in the revised Terms.  Your continued use of the Services will constitute your acceptance of the amended Terms.

3. Additional Terms

Our Privacy Policy and other Policies applicable to your use of the Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from time to time.  BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS.  We will make Additional Terms available for you to read through the Services.  If you do not agree to abide by the Additional Terms, you automatically opt out of and are prohibited from using the Services.  If you violate the provisions of the Additional Terms, CPI may, in its sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use of the Services in whole or in part.  By continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services.  Please review the Additional Terms periodically to ensure you are up to date with any changes. 

4. Your Consent to Receive Emails and Other Communications

You expressly consent to receive and accept communications from CPI, our Affiliates (as defined below), and their respective representatives via e-mail or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to CPI.  You agree that the foregoing authorized communications may be initiated for any advertising, marketing, promotional, account administration, or other purposes.  IF YOU WISH TO OPT OUT OF EMAIL MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR BY CONTACTING US AT 888-812-6704 OR INFO@PAWPROTECT.COM.  You agree that CPI and our Affiliates and representatives will not be responsible for honoring opt-out requests communicated through other channels.  PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, CPI MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, CPI, AND/OR OTHER USERS OF THE PLATFORM.

5. Eligibility

You must be at least 18 years old to use the Services.  If you are under the age of majority in your state of residence or a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.

6. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us.  When you use the Services, you may not:

  • violate any law or regulation or use the Services for any unintended or illegal purposes;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • provide false information in your profile on, or registration for, the Services;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  • transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity, maintain more than one account (or, if CPI suspends or terminates your account, create further accounts), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;
  • use any means to scrape or crawl any Web pages contained in the Services;
  • use the Services for purposes of competing with CPI;
  • authorize other users to use your user status or transfer your account to any other person or entity;
  • attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Services;
  • interfere with CPI’s provision of, or any other user’s use of, the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
  • solicit another user’s username and password for the Services;
  • post information that is intentionally inaccurate or misleading, or that violate these Terms or Additional Terms; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

7. User Content

The Services allow you to upload, submit, store, send, or receive data, information, and content (“User Content”).  You retain ownership of any intellectual property rights that you hold in that User Content.  In other words, you own your personal data.

When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve our Services.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is irrevocable, sublicensable, fully-paid, and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services.  In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services.

You promise that:

  • you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear or whose pets appear in your User Content); and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason.  We reserve the right to use, share, and display your User Content in any manner in connection with our business without attribution to you or your approval.  You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content, and we reserve the right to monitor, screen, edit, or remove your User Content in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s content policies.  Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance.  We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to your User Content.

If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).

The Services may provide the ability to User Content publicly and/or privately.  You acknowledge that even User Content shared privately may be shared with third parties in accordance with applicable law and our Privacy Policy and that CPI has no obligation to preserve or indefinitely store any reviews. 

8. Ownership

Other than User Content, we own or license all right, title, and interest in and to:  (a) the Services, including all software, text, media, and other content available on the Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Services, Our Content, and Marks are all protected under U.S. and international laws.  The look and feel of the Services are copyright © Compare Pet Insurance Services, Inc.  All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.

9. Copyright and Intellectual Property Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law. 
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

For clarity, only copyright infringement notices should be sent to our Copyright Agent at legal@wagwalking.com.  You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notification, it includes your personal information.  By submitting a counter-notification, you consent to having your information revealed in this way.  We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled.  If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

10. Privacy

Your privacy is very important to us.  Our Privacy Policy explains how we collect, store, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account, including without limitation, as a result of phishing or other similar attacks.

CPI may use third-party web analytics services on the Services, such as Google Analytics.  This technology analyzes how the Services are used by visitors and may also provide the third-party website from which a user arrives. The information collected by the technology will be disclosed to or collected directly by these third-party service providers, who use the information to evaluate your use of the Services.  CPI also uses Google Analytics for certain purposes related to advertising.  For more information on this please see the CPI Privacy Policy.  To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

11. Third-Party Content

The Services may contain links to other websites and online resources and the Services may be made available or accessed in connection with third-party services and content (including advertising) that CPI does not control.  You acknowledge that different terms of use and privacy policies may apply to your use of such third-party websites, services, and content.  CPI does not endorse such third-party websites, services, and content and in no event shall CPI be responsible or liable for any damage or loss related to the use of websites, products, services, or content of such third-party providers.

Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by CPI, are those of their respective authors, who are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CPI DOES NOT:  (A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES; OR (B) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CPI.

12. Suspension and Termination

We reserve the right to not provide the Services to any person.  We also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all).  If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.

13. Disclaimer and Limitations on Our Liability

13.1 General Disclaimer and Limitations

YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK.  THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, CPI AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, CPI AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES.  CPI AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE SERVICES. 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.  YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.

YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT.  WE HAVE NO OBLIGATION TO PROVIDE SECURITY.  YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. While we aim to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct or update any information, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), but disclaim any obligation to do so except as required by law.

You are solely responsible for determining whether products are suitable for use or consumption by your pet. Any nutrition, ingredient, allergen, or other product information is provided by the product manufacturers or suppliers and may be modified by the manufacturers from time to time. CPI does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented. Please consult the product label or contact the manufacturer directly if you have a specific dietary or allergic concern or any other question about a product.

You understand and agree that we have entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.

13.2 Disclaimer of Professional Advice

The reviews and information provided through the Services are for informational purposes only.  The Services do not provide medical or veterinary advice or any medical, veterinary, healthcare, or wellness service.  The Services are not a substitute for the professional judgement of a veterinary or other medical professional and are not in any way intended to substitute for or override professional veterinary advice, diagnosis, or treatment.  Always seek the advice of your veterinarian or other qualified health provider with any question you may have regarding a pet’s medical condition. If you think your pet may have a medical emergency, call your veterinarian, animal control, PETA, or 911 for help immediately.

You also acknowledge and agree that you are using the Services at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice.

No matter the qualifications of the person affiliated with the Services, you expressly acknowledge that use of the Service is NOT a substitute for veterinary care (whether emergency or otherwise), and you further acknowledge that CPI cannot provide advice or consultation over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise).  If your pet is sick, injured, or otherwise in need of medical attention, you should contact your regular veterinarian or local emergency provider of veterinary services immediately, as CPI is not the appropriate venue to deal with such situations.

You also expressly acknowledge and agree that the Services will NOT be able to diagnose, treat, or prescribe any medication for your pet.  You further acknowledge that the laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular question may differ depending upon your location or upon the information that typically would be discovered through in-person (or in-pet) evaluations or visits.  

We highly recommend that you always seek the advice of your veterinarian or other qualified provider with any questions that you may have regarding your pet’s medical condition, and that you do not disregard their advice (or delay seeking their advice) because of something that you have read or otherwise been provided through the Services.

14. Indemnification

You agree to indemnify and hold harmless CPI and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any (i) actual or alleged breach of these Terms or the Additional Terms by you or anyone using your account, including claims arising from a breach of any of the obligations set forth in these Terms or Additional Terms; (ii) transactions, interactions or disputes with other users of the Services, whether online or offline; (iii) your misstatements, omissions, misrepresentations, or violation of applicable law; (iv) any of Your Content; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; and (vi) the actions of your pet(s), including any property damage or personal injury to third parties caused by your pet or pets under your care.  YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.

15. Arbitration Agreement & Waiver of Certain Rights

For purposes of this Section 22 (“Arbitration Agreement”), references to “CPI” include our Affiliates.

a. Applicability.  You and CPI agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, the Additional Terms, your relationship with CPI, or your receipt of any communications from CPI will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court to the extent your claims qualify, remain in such court, and advance solely on an individual basis.  “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods, services, or content made available through the Services, your relationship with CPI, the threatened or actual suspension, deactivation, or termination of your account with CPI any promotions or offers made by CPI, any communications you receive from CPI, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims.  Notwithstanding anything to the contrary herein, if you are an employee of CPI, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with CPI and any such claims and disputes may be governed by separate agreements.

b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Attn. Director of Legal Compare Pet Insurance Services, Inc., 55 Francisco St, Suite 360, San Francisco, CA 94133, and legal@wagwalking.com. The arbitration will be conducted by the American Arbitration Association (“ AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at http://www.adr.org/sites/default/files/CommercialRules_Web.pdf.  AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select a reasonably equivalent alternative arbitral forum.  If the arbitrator finds that you cannot afford to pay filing, administrative, hearing, and/or other fees necessary for the arbitration and you cannot obtain a waiver for such fees, CPI will pay them for you.  In addition, CPI will reimburse all such filing, administrative, hearing and/or other fees for proceedings involving claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.  CPI will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, in person, or at another mutually agreed location.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Authority of Arbitrator.  The arbitrator -- not a court -- shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any  dispute related to the interpretation, applicability, enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Additional Terms, the Pet Care Provider Platform Use Agreement, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7 (or similar rule if not arbitrated by the AAA).  The arbitration will decide the rights and liabilities, if any, of you and CPI.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement).  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and CPI.

d. Waiver of Jury Trial.  YOU AND CPI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Santa Clara County, California for adjudication before a judge, not a jury.  All other claims shall be arbitrated.

f. Survival of Arbitration Agreement.  This Arbitration Agreement will survive the termination of your relationship with CPI.

g. Modification.  Notwithstanding any provision in these Terms to the contrary, we agree that if CPI makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing CPI a notice of your rejection to info@pawprotect.com  Your rejection of any such changes shall not affect the enforceability of any prior version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with CPI.

23. Other Provisions

Under no circumstances will CPI be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions.  In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in Santa Clara County, California.  You and CPI consent and submit to the personal jurisdiction of such courts for the purposes of any such action.  

YOU AND CPI HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH CPI, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH CPI.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.  The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.

We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law.  You may not assign any rights or obligations under these Terms without the prior written consent of CPI and any purported assignment in violation of this provision shall be null and void.