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End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING OUR MOBILE APPLICATION, KNOWN AS “EMBRACE MOBILE APP” (“MOBILE APPLICATION”). EMBRACE PET INSURANCE (the “Company” or “we”) provides you access TO and use of the MOBILE APPLICATION and use of the services or features made available through such mobile application subject to THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (theSE “Terms”). we may add additional services or features to the mobile application from time to time and these terms will govern all such new services and features when added.
YOUR DOWNLOADING AND USE OF THE MOBILE APPLICATION IS GOVERNED BY, AND CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF, THESE TERMS, AS THEY may be amended by THE Company from time to time. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD AND USE THE MOBILE APPLICATION.By DOWNLOADING AND using the MOBILE APPLICATION, you (I) represent that you are of legal age to enter into a binding agreement and (ii) agree to abide by these Terms, as they may be amended by THE Company from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and the Company.
We reserve the right, at our discretion, to modify, replace, update or change (collectively, “amendments”) any of these Terms at any time and for any reason, without notice. Any amendments to these Terms shall become effective upon posting by the Company on the Mobile Application or by sending you an email or other notification and apply to all access to or use of the Mobile Application thereafter. It is your responsibility to check these Terms periodically for changes. By continuing to use the Mobile Application after the date on which these Terms have changed, you agree to accept all such amendments to these Terms.
1. License Grant
Subject to these Terms, the Company grants you a limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to download, install and use the Mobile Application for its intended purpose, through a mobile computing device owned or otherwise controlled by you (“Mobile Device”) and to access, stream, download and use on such Mobile Device the Content and Services (as defined herein) made available in or otherwise accessible through the Mobile Application, strictly in accordance with these Terms and the Terms of Use applicable to such Content and Services. This license grant is not a sale of the Mobile Application or any copy thereof, and the Company retains all right, title, and interest in the Mobile Application. The Company and its licensors and service providers reserves and shall retain all rights not expressly granted herein in and to the Mobile Application. The Company may terminate this license at any time for any reason or no reason. Please note that you are solely responsible for the functioning of your Mobile Device and the Company has no liability for any inability to use the Mobile Application in consequence of any technical or other problems related to your Mobile Device, including any security breaches of the Mobile Device. The Mobile Application is intended for use by individuals 16 years of age or older; if you are under 18, you may use this Mobile Application only with involvement of a parent or guardian.
2. Use Restrictions
The Company imposes certain restrictions on your permissible use of the Mobile Application. You represent, warrant and agree that you will not: (i) market or distribute access to the Mobile Application or any portion thereof; (ii) assign, sublicense, sell, lease or otherwise transfer or convey your rights under these Terms; (iii) remove, circumvent, disable, damage or otherwise interfere and/or violate or attempt to violate any security feature of the Mobile Application; (iv) access or attempt to access any content, data, programs or other Company systems not intended for you; (v) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in connection with the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (vi) delete copyright and/or other proprietary rights notices on the Mobile Application; (vii) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license or create derivative works based on the Mobile Application; or (viii) use the Mobile Application for commercial purposes or any purpose other than its intended purpose, or in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation. The Company reserves the right to investigate suspected violations of these Terms. If the Company becomes aware of a possible violation, the Company may initiate an investigation, which may include gathering information from you or companies involved and the complaining party. If the Company believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate your right to use the Mobile Application and take any other lawful responsive action it deems appropriate. Violations of these Terms could also subject you to criminal or civil liability.
3. Collection and Use of Your Information
You acknowledge that when you download, install or use the Mobile Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Mobile Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Mobile Application or certain of its features or functionality and the Mobile Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Mobile Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Mobile Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
4. Content and Services
The Mobile Application may provide you with access to the Company’s website located at www.embracepetinsurance.com (the “Website”) and products and services accessible thereon, and certain features, functionality and content accessible on or through the Mobile Application may be hosted on the Website (collectively, the “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use (the “Terms of Use”) and Privacy Policy (the “Privacy Policy”), which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Mobile Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of these Terms.
5. Geographic Restrictions
The Content and Services are based in the state of Ohio in the United States and provide for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. You agree that your data may be transferred or processed outside of the country in which you reside. No software, technology or other information from our Mobile Application may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from our Mobile Application in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
6. Updates
The Company may from time to time in its sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety, certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Mobile Application will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Application and be subject to these Terms.
7. User Submissions
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to the Company in connection with your use of the Mobile Application (collectively “Submissions”) shall be owned exclusively by the Company. You agree that the Company shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
8. Third Party Services and Sites
The Mobile Application may provide links to other websites or resources and may not provide notice that you are leaving the Mobile Application when you open a link to another website or resource. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) whether found on or through the Mobile Application or not, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. Because the Company has no control over such Third Party sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites and resources, and does not endorse or guarantee and is not responsible or liable for any such content, advertising, products, or other materials on or available from such sites or resources provided by any Third Party. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by, or in connection with the use of, or reliance on: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Mobile Application; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of services performed by any such Third Party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such Third Party, you release the Company and any of its affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms govern your use of any and all third party content.
9. Proprietary Rights
The design of the Mobile Application and all software, technology components, text, graphics, information, content, and other material therein or displayed thereon are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. You agree that as between the parties, the Company is the exclusive owner of all intellectual property rights in and to the Mobile Application and all technology components thereof, including, without limitation, all Company trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “Company IP”). Any goodwill attached to, or generated by, such Company IP is owned exclusively by the Company, or its licensors, and shall inure solely to the benefit of the Company, or its licensors. Nothing contained herein or in the Mobile Application should be understood as granting you any right or license to any of the Company IP, except as expressly granted herein. All rights not expressly granted herein are reserved by the Company, or its licensors. The Company, or its licensors, retains full and complete title to the Company IP. You shall not: (i) use or copy the Company IP in any manner not specifically set forth herein; (ii) include Company IP in your corporate name, within a domain name or within any part of URLs; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Company IP; (iv) have any claim of ownership in the Company IP; or (v) sell, redistribute, transfer, sublicense or reproduce the Company IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the Company IP to a human-perceivable form. These Terms do not limit any rights that the Company may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Mobile Application contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Mobile Application, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Other trademarks that may appear in the Mobile Application are the property of their respective owners.
10. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE FULLEST EXTENT PERMITTED BY LAW. THE MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION CONTAINED IN THE MOBILE APPLICATION MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ANYONE ELSE ASSOCIATED WITH THE COMPANY OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MOBILE APPLICATION AND MATERIALS CONTAINED THEREIN: (i) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING; (ii) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, QUALITY, COMPATIBILITY, SECURITY, ERROR-FREE NATURE, AVAILABILITY OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE MOBILE APPLICATION; AND (iii) MAKE NO WARRANTY THAT (A) THE MOBILE APPLICATION WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (C) THE MOBILE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, OR MEET PERFORMANCE OR RELIABILITY STANDARDS. ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE MOBILE APPLICATION. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS OR OTHER THIRD PARTIES (COLLECTIVELY FOR PURPOSES OF THIS SECTION, “THIRD PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER INTANGIBLE LOSSES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE COMPANY OR ITS THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH: (i) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SUBSTITUTE GOODS OR SERVICES; (ii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (iii) YOUR USE OR INABILITY TO USE OR RELIANCE ON THE MOBILE APPLICATION OR ANY CONTENT, SERVICES OR OTHER MATERIALS AVAILABLE THROUGH THE MOBILE APPLICATION OR ANY WEBSITES LINKED TO THE MOBILE APPLICATION; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR MOBILE APPLICATION OR IN CONNECTION WITH THE MOBILE APPLICATION; (vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (vii) ANY ACTIONS TAKEN BY THE COMPANY OR ITS THIRD PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES; OR (viii) THE IMPROPER AUTHORIZATION FOR THE MOBILE APPLICATION BY THE INDIVIDUAL OR ENTITY CLAIMING SUCH AUTHORITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS THIRD PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE MOBILE APPLICATION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnity
You agree to indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, licensors and service providers, and its and their respective officers, agents, directors, licensors, suppliers, contractors, partners, employees, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, deficiencies, actions, settlements, interest, awards, penalties, fines, costs, expenses or fees (including reasonable attorneys’ fees) and other expenses of whatever kind arising from or related to your use or misuse of the Mobile Application (including but not limited to the content you submit to make available through the Mobile Application), your violation of these Terms, or your violation of any third party’s rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This indemnification obligation will survive the termination of your account, your access to the Mobile Application and/or these Terms.
13. Mobile Device and Mobile Application Terms
As you may obtain the Mobile Application through the application store for your particular Mobile Device (i.e., the Apple App Store for Apple Mobile Devices and Google Play for Android Mobile Devices), the following shall apply:
Both you and the Company acknowledge that these Terms are concluded between you and the Company only, and not with the provider of your particular Mobile Device (your “Mobile Device Provider”), and that your Mobile Device Provider is not responsible for the Mobile Application or its content;
The Mobile Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely subject to these Terms as they are applicable to the Mobile Application;
You will only use the Mobile Application in connection with a Mobile Device that you own or control;
You acknowledge and agree that your Mobile Device Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application;
In the event of any failure of the Mobile Application to conform to any applicable warranty, including those implied by law, you may notify your Mobile Device Provider of such failure; upon notification, your Mobile Device Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile Application;
You acknowledge and agree that the Company, and not your Mobile Device Provider, is responsible for addressing any claims you or any third party may have in relation to the Mobile Application;
You acknowledge and agree that, in the event of any third party claim that the Mobile Application or your possession and use of the Mobile Application infringes that third party’s intellectual property rights, the Company, and not your Mobile Device Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and the Company acknowledge and agree that, in your use of the Mobile Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and the Company acknowledge and agree that your Mobile Device Provider and your Mobile Device Provider’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, your Mobile Device Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
14. Export Regulation
The Mobile Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Application to, or make the Mobile Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Application available outside the US.
15. US Government Rights
The Mobile Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Mobile Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
16. Governing Law
Except to the extent they are preempted by U.S. federal law, the laws of the State of Ohio without regard to conflicts of law principles govern any legal action or proceeding between the Company and you arising out of or related to these Terms, including your use and access to the Mobile Application or any other content. Any such legal action or proceeding will be conducted in the English language.
17. Arbitration
You agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Mobile Application or any other content shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Ohio law provides for judicial review of arbitration proceedings. Each party retains 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 party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
You acknowledge and agree that both parties to these Terms are giving up their constitutional right to have such dispute decided in a court of law before a jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other presentative proceeding. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in Cuyahoga County, Ohio, U.S.A.
If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of Cuyahoga County, Ohio or a United States District Court, Northern District of Ohio located in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue.
This arbitration provision will survive the termination of these Terms.
18. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE MOBILE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement; Interpretation
These Terms, our Privacy Policy and any other agreement incorporated herein or therein by reference constitute the entire agreement between you and the Company with respect to the Mobile Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Mobile Application. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Company services, websites, products, third-party content or third-party software. In the event any term contained in these Terms conflicts with any other term contained in any other agreement referenced herein, these Terms shall control; provided, however, that claims made under the separate terms and conditions of purchase for goods or services, including pet insurance policies, are not subject to these Terms. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.
20. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
21. Consent to Email Communications
You consent to receive communications from the Company electronically and agree that we may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
22. Legal Compliance
You agree to comply with all laws and rules regarding use of the Mobile Application. Use of the Mobile Application is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. Your use of the Mobile Application should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Ohio.
23. Legal Equivalency
These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.