Terms of Service

Welcome to the Fetchvana digital platform (the “Platform”). The Platform is operated by Fetchvana, LLC
(“Fetchvana”) and is accessible through Fetchvana’s websites (including www.fetchvana.com) and mobile
applications.
The Platform is an online service through which persons seeking certain dog-walking and other pet care
services (“Member(s)”) can find and connect with providers of those services (“Pet Valet(s)”). The following
terms and conditions (“Terms”) govern your use of the Platform, including your use of the Platform to provide
or receive dog-walking and other pet care services (“Services”).
Fetchvana is a private company and is not affiliated with any Member or Pet Valet. Nothing in these Terms
shall be construed as making Fetchvana the partner, joint venturer, agent, legal representative, employer,
contractor, or employee of any other party. Fetchvana does not take part in, nor is Fetchvana in any way
responsible for, any interactions or negotiations between Members and Pet Valets, except to the extent
necessary to maintain the Platform. Any interaction between you and any other individual or entity through
the Platform or arising out of your use of the Platform, including any interactions between Members and Pet
Valets, is solely between you and that other individual or entity. Fetchvana expressly disclaims any
responsibility for any interactions between Members and Pet Valets.
By accessing, viewing, or using the content, material, or Services available on or through the Platform, you
indicate, on behalf of yourself and any company or business entity on whose behalf you are using the
Platform, that you have read and understand these Terms, that you agree to them and intend to be legally
bound by them. If you do not agree to these Terms, or if you are under 18 years of age, or if you are not a
legal resident of the United States, you are not granted permission to use the Platform and must exit
immediately.
Any personal information that you provide to Fetchvana via the Platform is subject to Fetchvana’s [Privacy
Policy], which is incorporated into these Terms by reference, as if set forth fully herein.
If you have any questions concerning these Terms or wish to exercise your rights as described below,
please email Fetchvana at: [customerservice@fetchvana.com].
1. License to use the App.
Subject to these Terms, Fetchvana hereby grants you a single, limited, terminable, revocable, royalty-free,
non-exclusive, nontransferable, nonsublicenseable license to access and use the Platform, solely for
informational purposes. You shall be responsible, at your sole expense, for procuring, operating, and
maintaining the mobile device, hardware, systems software, telecommunications applications and providers,
and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder.
Without limiting any other provisions of these Terms, any software, applications or other materials, including
the Platform, made available to you is the copyrighted work of Fetchvana or its licensors. Copying or
distributing the Platform or the Platform Content (as defined below) is expressly prohibited.
2. Registration.
In order to access certain content, services, products, or benefits on the Platform, you may be asked to
register and create an account. By registering an account with Fetchvana, you represent that you are at
least 18 years of age or older. You are fully responsible for your account, including use of the account by
any third party, and maintaining the confidentiality of your password.
As part of the registration process, you may be asked to select a user name and password, and may be
required to provide Fetchvana with certain information about yourself including some types of personally
identifying information, such as your email, address, and phone number, as well as information regarding
your employment history, pet history, and other credentials. You agree that the information that you provide
to Fetchvana on registration and at all other times will be true, accurate, current and complete. You also
agree that you will ensure that this information is kept accurate and up to date at all times. By registering
with Fetchvana, you hereby authorize Fetchvana to verify any representations and warranties you make
either pursuant to these Terms or within any materials submitted during the registration process, including
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conducting background checks, contacting any provided references or affiliations, and reviewing public
records. You acknowledge that while Fetchvana reserves the right to verify these representations and
warranties, Fetchvana is not obligated to do so, and may choose not to do so, in Fetchvana’s sole
discretion.
Depending on your intended uses of the Platform, you may be asked to designate your account as either a
Member Account (i.e., for Members) or a Pet Valet Account (i.e., for Pet Valets). Your obligations and rights
under these Terms may vary depending on whether you registered as a Member or a Pet Valet.
3. Rules of Engagement.
Prior to registering a Pet Valet Account, each potential Pet Valet must submit an application through the
Platform. By submitting an application to create a Pet Valet Account, you represent, on behalf of yourself
and any company or business entity on whose behalf you are using the Platform, that you are at least 18
years of age and that you agree to bound by and comply with these Terms. While Fetchvana reserves the
right to review your application, Fetchvana is not obligated to do so, and may choose not to do so, in
Fetchvana’s sole discretion. Fetchvana may approve or reject your application, for any reason or no reason,
in its sole discretion.
Each Pet Valet must be: (a) a citizen of, or legally authorized to work in, the United States, with no
disqualifying prior criminal record, including prior convictions for offenses involving dishonesty or violence;
(b) fully experienced, skilled, and qualified to perform the Services; (c) able to perform all of the Services
under this Agreement without creating a conflict with, or breach of, any contract, relationship, or
understanding to which he or she is a party; and (d) comply with all federal, state, and local statutes,
regulations, rules, ordinances, and orders of any governmental body or agency, including those relating to
the delivery of the Services to the Members.
Pet Valets must maintain a current and accurate profile that promotes a fair playing field and provides a
safe, simple, and positive experience for all users of the Platform, including Members. A Pet Valet’s profile
must not include any inappropriate language, any misleading titles that do not accurately describe the
Services offered, or any links to third party websites or services. Pet Valets may not solicit Members to pay
additional fees, including travel fees, or use other payment methods not specifically permitted by Fetchvana
as approved payment methods.
You acknowledge that all business opportunities generated through the Platform constitute extremely
valuable assets of Fetchvana, and that Fetchvana is entitled to protect those assets. As such, you agree,
during the time when you are registered with Fetchvana and for one year thereafter, not to, in any manner,
directly or indirectly, whether as owner, partner, stockholder, contractor, agent, consultant, or otherwise: (i)
provide any services to any Member whom you first connected with through the Platform, other than through
the Platform; (ii) induce or attempt to induce any Member (or any person who had been a Member, at any
time during your registration with Fetchvana) to terminate any relationship with Fetchvana or to seek
services outside of the Platform; or (iii) solicit, recruit, hire, engage, or otherwise employ or retain any current
Pet Valet to provide services outside of the Platform. You further acknowledge that any breach of this
Section 3 would cause immediate and irreparable harm to Fetchvana, and that Fetchvana shall be entitled to
an injunction restraining such breach, in which case no bond or other security shall be required in
connection therewith. In addition, you acknowledge that the damages for such breach are difficult to
ascertain and that Fetchvana shall be entitled to recover, as liquidated damages, all of the fees,
compensation, commissions, or other remuneration received by you (including amounts paid to your then
employers, partners, or joint venturers) in connection with any such breach.
4. Purchases.
Some products or services made available on the Platform, including the Services of a Pet Valet, may be
available for purchase. All payments for any services made available through the Platform must be made
through the payment methods provided on the Platform. In no event shall any payments be made directly or
indirectly to any Pet Valet other than through the Platform.
By purchasing products or services made available through the Platform, you represent that you are 18
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years of age or older and that you will comply with all specified processes and procedures for redeeming
your purchase. Fetchvana uses a third party payment processor to process credit card transactions made
through the Platform. If you purchase products or services from Fetchvana or make any payments via the
Platform with your credit card, the credit card information that you submit to Fetchvana will be protected by
encryption, such as with the Secure Socket Layer protocol. Encryption decreases the likelihood that your
credit card information will be stolen or intercepted during transmission.
You are responsible for all charges incurred under your account, whether made by you or another person
using your account. If for any reason Fetchvana does not receive payment for a purchase, Fetchvana may
exercise all of its rights in law and equity, including: (a) immediately suspending or terminating your account;
(b) seeking collection of the outstanding amount owed; and (c) seeking legal action against you for the
breach of these Terms. You are also responsible for paying all governmental taxes imposed in connection
with your use of the Platform or the purchase or any products or services made available through the
Platform, including sales, use, and excise taxes (excluding only taxes on Fetchvana’s net income). To the
extent that Fetchvana is obligated to collect such taxes, the applicable tax will be added to your billing
account. All sales are final, and any refunds will be in Fetchvana’s sole discretion.
In accordance with Fetchvana’s [Remittance Policy], which is incorporated into these Terms by reference,
as if set forth fully herein, Fetchvana will remit to each Pet Valet payments made by Members to Fetchvana
for that Pet Valet’s Services, less any [Facilitation Fees (as described in the Remittance Policy)] owed to
Fetchvana, within [fifteen days after completion of the Services and Fetchvana’s receipt of all amounts due
from the applicable Member.] Any amounts due to a Pet Valet will be based on the fees associated with the
Services performed by that Pet Valet and calculated in accordance with the Remittance Policy. Pet Valets
must not collect any payments for any Services provided to Members outside the payment methods
described herein. Pet Valets acknowledge that they are not eligible to participate in or receive any pension,
health, or other benefits plan of Fetchvana, and that Fetchvana is in no way obligated to acquire any
Workers’ Compensation Insurance or other insurance associated with their Services. Fetchvana is in no way
responsible for any travel or other expenses related to any of the Services performed by any Pet Valet.
5. Unauthorized Activities.
You agree that you will not use the Platform or the Services for: (a) any illegal or unauthorized purposes that
violate any local, national, or international laws (including to import, export, copyright, and trademark laws);
(b) contacting any other user of the Platform who has requested not to be contacted; (c) stalking or
harassing anyone; (d) modifying, copying, distributing, displaying, performing, reproducing, publishing,
licensing, creating derivative works from, transferring, selling any of the Platform Content, unless otherwise
authorized by these Terms or in a separate written agreement with Fetchvana; (e) attempting to gain
unauthorized access to Fetchvana’s computer systems or engaging in any activity that interferes with the
performance of, or impairs the functionality of the Platform or any services provided through the Platform; (f)
data mining, scraping, robots, or for releasing spiders, crawlers or any other data gathering or extraction
tools, except to the extent the Platform is indexed by general purpose consumer accessible search engines,
including Google, Yahoo, MSN, or Bing; (g) promoting any effort to compete with Fetchvana, including using
the Platform in a way that causes a reduction or loss of business for Fetchvana; (h) cheating or plagiarizing;
(i) any resale or commercial use of the Platform, the Platform Content, or the User Content; (j) using the
Platform to access or collect any personally identifiable information, including any names, email addresses
or other such information for any purpose, including any commercial purposes; or (k) removing,
circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of
the Platform aimed at preventing or restricting the unauthorized use of the Platform or any of the Platform
Content. You agree to use the Platform only for the purpose and manner for which they were specifically
designed; any other use of the Platform or the Platform Content without prior written permission of
Fetchvana is strictly prohibited. You acknowledge and agree that the unauthorized use of the Platform or the
Platform Content could cause irreparable harm to Fetchvana and that, in the event of such unauthorized
use, Fetchvana shall be entitled to an injunction in addition to any other remedies available at law or in
equity.
6. Intellectual Property.
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As between you and Fetchvana, Fetchvana owns or licenses all data, content, graphics, forms, artwork,
images, photographs, functional components, and any software concepts and documentation and other
materials on, in, or made available through the Platform (the “Platform Content”), as well as the selection,
coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content
is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or
alter any copyright notice or any other proprietary notice on the Platform or used in connection with any
Platform Content. As between you and Fetchvana, all names, trademarks, service marks, certification
marks, symbols, slogans, or logos appearing on the Platform are proprietary to Fetchvana or its licensors.
Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Unless expressly written otherwise by Fetchvana, you do not have any rights of any kind in or to the
Platform Content, other than the right to use the Platform Content in accordance with these Terms.
Certain features of the Platform may allow you to contribute comments, feedback, information, content, text,
files, graphics, postings, and other materials and information for access, use, viewing and commentary by
other users to the Platform (“User Content”). By contributing User Content, you represent that you have the
full legal right to provide the User Content and that use of the User Content by Fetchvana and all other
persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights
of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain
consent to post personally identifying or otherwise private information about a person; (b) violate any law,
statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully
threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply
an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative, or
constitutes a “bait and switch”; (e) be obscene, child pornographic, or indecent; (f) violate any community or
Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute
disclosure of any confidential information of a third party.
You retain all right, title and interest in and to the User Content that you submit and all intellectual property
rights embodied therein. Upon your submission of User Content or other material or information to
Fetchvana, you grant Fetchvana a worldwide, perpetual, irrevocable, transferable, license to access, use,
distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content,
all without any compensation to you whatsoever. If you believe that any content or postings on the Platform
violate your intellectual property or other rights, please follow our Complaint Procedures in Section 13 of
these Terms.
7. Third Party Websites and Content.
The Platform may contain links to other websites or feature services of third parties for the convenience of
users: (a) in locating information, products, or services that may be of interest; (b) with using the Platform; or
(c) with performing or receiving the Services, and complying with any requirements associated with such
transactions. These third party websites and services may be available on the Platform via a link, redirect,
connect, "frame,” plug-ins, integrated application, or other technology, and may be recognized automatically
by your browser. Links to other online services may use Fetchvana’s logos and look-and-feel as a result of a
co-branding agreement.
In order to utilize some aspects of the Platform, you may have to use, accept, install, and review information,
data, executables, programs, software, and other items from Fetchvana’s third party service providers,
suppliers, and licensors. To the extent applicable, these Terms shall apply, but please be aware that
Fetchvana has no control over these third parties, and that these Terms may not apply to such links and
services. Fetchvana does not recommend and expressly disclaims any responsibility for the content, the
accuracy of the information, or quality of products or services provided by or advertised on third party
websites or the transactions you conduct or enter into with third parties. Your use of any third party websites
or services is at your own risk, and subject to the terms and conditions of such third parties. Fetchvana
encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.
Additional Provider Terms may be made available to you upon your access to or use of particular feature,
function, or other element of the Platform.
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8. Confidentiality.
You hereby acknowledge that certain confidential business materials and other non-public information,
including financial information, customer lists, business relationships, and other trade secrets of Fetchvana
(“Confidential Information”) may be disclosed to you during your use of the Platform or during your use of or
performance of the Services. You will not, at any time, during or after the term of this Agreement, directly or
indirectly, copy, use, disclose, release, or publish any such Confidential Information, except as expressly
required or authorized by Fetchvana. You will exercise reasonable precautions in maintaining the
confidentiality of Fetchvana’s Confidential Information, and will not disclose such Confidential Information to
third parties without Fetchvana’s express written permission. Because the life of Confidential Information
may extend indefinitely, this provision shall continue in perpetuity.
9. Disclaimer.
Fetchvana, its subsidiaries, affiliates, and licensors, are not responsible for and do not guarantee the
accuracy or completeness of any Platform Content, User Content, products, data, services (whether
performed by Fetchvana or any third party), links, advertisements, or other items contained within or made
available through the Platform. For avoidance of doubt, Fetchvana disclaims all responsibility for the
Services provided by Pet Valets, and Fetchvana disclaims all responsibility for the failure of any Pet Valet to
perform any Services. Fetchvana reserves the right to immediately remove any Platform Content or User
Content for any reason, or for no reason. Fetchvana cannot and does not review all communications or
products made available on or through the Platform, but, although not obligated to, may review, verify, make
changes to, or remove any Platform Content, User Content, or the products or services made available in
connection with the Platform, at any time, with or without notice, in its sole discretion. You agree that you
must evaluate and bear all risks associated with the use of the Platform, Platform Content, User Content, or
Services and that you may not rely on any of the foregoing.
THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION
AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PLATFORM ARE MADE
AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN
RISK. FETCHVANA AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE PLATFORM,
PLATFORM CONTENT, THE USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER
MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE PLATFORM, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE
OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION,
NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT RELATED
TO THE PLATFORM IS WITH YOU.
10. LIMITATION OF LIABILITY.
FETCHVANA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF
ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO
RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE PLATFORM, PLATFORM
CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON,
IN, AND MADE AVAILABLE THROUGH THE PLATFORM, REGARDLESS OF LEGAL THEORY,
WHETHER OR NOT YOU OR FETCHVANA HAD BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF
THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF
FETCHVANA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION
WITH, BASED UPON, OR ARISING FROM THE PLATFORM, PLATFORM CONTENT, USER CONTENT,
SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE
THROUGH THE PLATFORM, OR THE SERVICES, PRODUCTS, DATA, OR OTHER MATERIALS
OFFERED IN CONNECTION THEREWITH, EXCEED THE AMOUNTS PAID BY YOU DURING THE
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PRECEDING YEAR FOR USE OF THE PLATFORM AND THE SERVICES. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF
THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
THEN THE TOTAL LIABILITY OF FETCHVANA AND ITS LICENSORS SHALL NOT EXCEED TEN
DOLLARS. If you are dissatisfied with the Platform or with any of these Terms, or feel Fetchvana has
breached these Terms, your sole and exclusive remedy is to discontinue using the Platform.
11. Indemnification.
You shall defend Fetchvana and its directors, officers, employees, agents, contractors and licensors
(“Fetchvana Indemnitees”) against all claims, actions, suits, and other proceedings arising out of or incurred
in connection with your use of the Platform (except to the extent attributable to Fetchvana), including the
provision or receipt of any of the Services, or your breach of these Terms or any fraud, violation of law,
negligence, or willful misconduct (“Claim(s)”). You shall further indemnify and hold the Fetchvana
Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses
(including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection
with such Claims. You may not settle any Claim without the prior written consent of Fetchvana. Fetchvana or
its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate
in all reasonable respects with such defense. You shall have the right to employ separate counsel in any
Claim and to participate in the defense thereof. If Fetchvana or its licensors do not notify you that it elects to
undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably
acceptable to Fetchvana, subject to the right of Fetchvana to assume, at its sole cost and expense, the
defense of any Claim at any time prior to the settlement or final determination thereof.
12. Internet Security.
Fetchvana uses reasonable efforts to ensure that the Platform is generally available. However, there will be
occasions when access to the Platform will be interrupted or unavailable. Fetchvana will use reasonable
efforts to minimize such disruption where it is within Fetchvana’s reasonable control. You agree that
Fetchvana will not be liable to you for any modification, suspension, or discontinuance of the Platform. You
understand that the technical processing and transmission of any content may be transferred unencrypted
and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Please be advised that Fetchvana does not guarantee that
any information sent from via the Platform will be secure during transmission, nor can Fetchvana guarantee
the confidentiality of any communication or material transmitted to Fetchvana via the Platform or the internet
in general, including, for example, personal information such as your name or address.
13. Complaint Procedures.
If you believe that any content or postings on the Platform violates your intellectual property or other rights,
please notify Fetchvana via e-mail to [customerservice@fetchvana.com] with a comprehensive detailed
message setting forth the following information: (a) your name and the name of your company, if any; (b)
your contact information, including your e-mail address; (c) the nature and substance of your complaint, the
specific rights at issue, and your basis for making the complaint, including the content or posting that is
objectionable; and (d) the following statement: “The statements, representations, and assertions made in
this message are true, complete, and accurate and I have the full legal authority to make each and every
such statement, representation, and assertion and to make and be granted any demand made in this
message.”
14. Changes to these Terms; Termination.
Fetchvana reserves the right at any time to modify, alter, or update these Terms. Fetchvana will notify you,
by email or with a posting to the Platform, of any new or revised Terms, including information regarding the
location of the new or revised terms and conditions. Your use of the Platform following any changes means
that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be
effective as to any visitor who has visited the Platform before the change was made. It is the obligation of
users of the Platform before the change to learn of changes to the Terms since their last visit. Fetchvana
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may suspend or terminate your account and/or your ability to use the Platform for any failure to comply with
these Terms, for providing Fetchvana with untrue or inaccurate information about yourself, for infringement
of Fetchvana’s proprietary rights, or for any other reason whatsoever or for no reason.
15. Assignment.
You may not transfer or assign any of your rights or obligations hereunder to any other party in any manner
(by assignment, operation of law, or otherwise) unless you have obtained prior written consent from
Fetchvana. If you attempt to transfer or assign any of your rights or obligations hereunder without
Fetchvana’s prior written consent, the transfer or assignment will be ineffective, null, and void (and you will
be in material breach of these Terms).
16. Dispute Resolution.
Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration
conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead
of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award
the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator
must also follow these Terms, as a court would. All issues are for the arbitrator to decide, except that issues
relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of
competent jurisdiction to decide. Arbitration shall take place in Philadelphia, Pennsylvania, unless Fetchvana
elects otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of
Pennsylvania. The arbitrator shall not be bound by rulings in prior arbitrations involving different Fetchvana
users, but is bound by rulings in prior arbitrations involving the same Fetchvana user to the extent required
by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by
the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration,
and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to
arbitrate. If the value of the relief sought is $10,000 or less, at your request, Fetchvana will pay all filing,
administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by
Fetchvana should be submitted by mail to the AAA along with your demand for arbitration and Fetchvana
will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more
than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as
compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis,
Fetchvana will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems
necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator
determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Fetchvana for all
fees associated with the arbitration paid by Fetchvana on your behalf that you otherwise would be obligated
to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is
invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
You can choose to reject this agreement to arbitrate by mailing Fetchvana a written opt-out notice (“Opt-Out
Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these
Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in
the form, including your name, address (including street number and address, city, state, and zip code),
phone number, and the email address used to log in to the Fetchvana account to which the opt-out applies.
You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the
agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will
continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future
arbitration agreements that you may have with Fetchvana.
17. Miscellaneous.
The Platform is controlled and operated from within the United States. Without limiting anything else,
Fetchvana makes no representation that the Platform, Platform Materials, User Content, Services, products,
information, and other materials available on, in, or through the Platform are appropriate or available for use
in other locations, and access to them from territories where they are illegal is prohibited. Those who choose
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to access the Platform from other locations do so on their own volition and are responsible for compliance
with applicable laws. The waiver or failure of Fetchvana to exercise in any respect any right provided
hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights
established under these Terms. Headings used in these Terms are for reference only and shall not affect the
interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third
party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and
“including” and their syntactical variations shall be deemed followed by the words “without limitation.”