Terms of Service

Version 1.0

Last revised on: January 29, 2024.

Please read this legal document carefully.

Pateverse (“Pateverse”, “Company”, “us”, “our”, and “we”) offers smart GPS-enabled dog collars and other accessories for pets (“Petority Smart Collar”), related GPS-tracking、Real-Time Heart Rate Monitoring and activity monitoring services for such dog collars that we offer via desktop and mobile applications (“Petority Services”) and other content and features for Petority Smart Collar Products and Petority Services, including through our website located at help.petority.net and its subdomains (the “Site”) and mobile applications (“Petority Applications”). The Petority Products, Petority Services, Petority Applications and Site collectively are referred to herein as the “Petority Offerings”). By registering as a member or by visiting, browsing the Site or a Petority Application, or ordering, purchasing or using any Petority Offering in any way, you (as a “user”) accept these Terms of Service (“Terms”), which form a binding agreement between you and Petority. If you do not wish to be bound by these Terms or any applicable Supplemental Terms (as defined herein) or any Petority policies referred to herein (collectively, the “Agreement”), you may not access or use any of the Petority Offerings.

Please be aware that Section 18 of these terms contains provisions governing how disputes that you and Petority have against each other will be resolved, including without limitation, any disputes that arose or were asserted prior to you entering into the agreement. Section 18 contains, among other things, an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and Petority be resolved by binding and final arbitration. Unless you opt out of the agreement to arbitrate within 30 days of entering into the agreement: (1) you and Petority will only be permitted to pursue disputes or claims and seek relief against the other party on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and each of us waives our right to participate in a class action lawsuit or class-wide arbitration; and (2) each of us is waiving our right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

Please also be aware that Section 2 of these terms contains your opt-in consent to receive communications from us, including via e-mail, text message, calls, and push notification.

Certain elements of the Petority Offerings may be subject to additional terms and conditions specified from time to time (“Supplemental Terms”), including, but not limited to, with respect to purchases of Petority Products, our Return Policy and the warranty that applies to the particular Petority Product. All Petority Products come with our six (6) month Limited Warranty and Petority Products that are purchased as part of a Membership come with our Extended Hardware Warranty (for so long as your Membership for the product remains active). Supplemental Terms will either be listed in these Terms or be presented to you for your acceptance when you sign up to use the supplemental Petority Offerings. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the Petority Offering to which they relate. These Terms together with all applicable Supplemental Terms form the Agreement.

Please note that the agreement is subject to change by Petority in its sole discretion at any time. When changes are made, Petority will make a new copy of the Agreement available on the Site and the Petority Applications. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an account or another manner through the Petority Offerings. Petority may require you to provide consent to the updated Agreement in a specified manner before further use of the Petority Offerings is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Petority Offerings. Otherwise, your continued use of the Petority Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE AND THE PETORITY APPLICATIONS TO VIEW THE THEN-CURRENT AGREEMENT. If you have prepaid for a Commitment Period, the prior Agreement shall remain in effect until the expiration of that Commitment Period and if you have already bought a product, the prior Agreement shall remain in effect for such product.

If you do not agree to the updated Agreement, you must stop using the Petority Offerings before it becomes effective as noted above. Otherwise, your continued use of any of the Petority Offerings after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT. YOU AGREE THAT PETORITY'S CONTINUED PROVISION OF THE PETORITY SERVICE IS ADEQUATE CONSIDERATION FOR THE CHANGES IN THE UPDATED AGREEMENT.

1. WHO MAY USE THE PETORITY OFFERINGS

We encourage parents or guardians to guide minors under eighteen in using our services. If you are under 14 years old or not considered a legal adult per local laws, have your parents or guardians read this policy and use our services with their consent. Avoid providing personally identifiable information if your guardian disagrees with your use or you've shared such information. If your guardian disagrees or you've shared identifiable information, stop using our services and promptly notify us for appropriate measures as per applicable laws.

We may, in our sole discretion, refuse to offer the Petority Offerings to any person or entity or change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to the Agreement, and the right to access and use the Petority Offerings is revoked where the Agreement or use of the Petority Offerings is prohibited or conflicts with any applicable law, rule or regulation.

2. LICENSE TO AND USE OF THE PETORITY OFFERINGS

License. Subject to your compliance with the Agreement, during the term of the Agreement, Petority grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Petority Services for your own personal, non-commercial use in connection with your pet and for no other purpose whatsoever. This license includes the right to view content available on the Petority Services. This license is personal to you and may not be assigned or sublicensed to anyone else.

Subject to your compliance with the Agreement, Petority grants you a limited, non-transferable, non-exclusive, revocable license to download, install and use a copy of the mobile application on a single mobile device or computer that you own or control and to run such copy of the application solely for your own personal, non-commercial use and for no other purpose whatsoever. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence of this paragraph, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

Updates. You understand that the Petority Services is evolving. As a result, Petority may require you to accept updates to the Petority Services. You acknowledge and agree that Petority may update Petority Services with or without notifying you. You may need to update third party software from time to time in order to use the Petority Services.

Restrictions. Except as expressly permitted in writing by an authorized representative of Petority, you will not use the Petority Offerings except as expressly authorized under the Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Petority Offerings in whole or in part, nor will you take any measures to interfere with or damage the Petority Offerings, nor will you use the Petority Offerings (or any component thereof) to create any product or technology that competes with the Petority Offerings (or any component thereof). You will not download or install any third party software or application on the device that is not expressly permitted by Petority in writing. All rights not expressly granted by Petority in the Agreement are reserved.

Communications. By entering into the Agreement or using the Petority Offerings, you agree to receive communications from us, including via e-mail and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiiated companies may include but are not limited to: operational communications concerning your Subscription or the use of the Petority Offerings, updates concerning new and existing features on the Petority Offerings, communications concerning new products or services, communications concerning promotions run by us or our third party partners, and news concerning Petority and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. If you want to stop receiving promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. To opt out of promotional calls or texts, you may text "STOP" from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Petority Offerings or related services. If you want to opt out of all texts or calls from us (including operational or transactional texts or calls), you can email us at help@petority.com. However, you acknowledge that opting out of receiving all texts and calls may impact your use of the Petority Offerings.

3. PRIVACY

Our Privacy Policy forms a part of the Agreement. Please review the Privacy Policy to learn about:

• What information we may collect about you;
• What we use that information for；
• With whom we share that information.

4. REGISTRATION & ACCOUNTS

To access certain content and full features of Petority products, you must register a Petority account by downloading the Petority application from the Apple App Store or Google Play. When registering as a Petority user, you must provide complete and accurate registration information, and promptly notify us of any changes to your information. If any information you provide is untrue, inaccurate, not current, or incomplete, or if Petority has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Petority has the right to suspend or terminate your eligibility for a Petority account and refuse any and all current or future use of Petority products. You agree not to use false identities or information or register a Petority account on behalf of anyone other than yourself. Petority reserves the right to delete or reclaim any username at any time for any reason, including but not limited to third-party claims that a username infringes on third-party rights.

Third Party Information. You may not use someone else's name, or any name, location or other public profile information that violates any third party rights or that is offensive, obscene or otherwise objectionable (in Petority's sole discretion).

Account Security. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Petority Service under your Account by minors. You must safeguard the confidentiality of your password and not share your account login or password with any third party, and log out of your account after using the Petority Service. If you become aware of an unauthorized access or any other breach of security, we recommend that you immediately change your password and notify us at help@petority.com.

Necessary Software. You must provide all software necessary to connect to the Petority Services, including but not limited to, a mobile device that is suitable to connect with and use the Petority Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Petority Services.

5. SALE; DELIVERY; RETURNS

Orders. Petority accepts orders Petority Products and each part of any order that you submit to Petority constitutes an offer to purchase. Petority is only deemed to have accepted your order once the Product(s) you ordered have been shipped. Unless otherwise specified at the time of purchase, you must pay for Products when you place the order. All Products ordered will be delivered to the U.S. shipping address you provide. We may cancel or deny an order placed by you at any time and for any lawful reason prior to our delivery of the Product(s), including without limitation if a Product is discontinued or otherwise becomes unavailable, and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those Products. Unfortunately, availability of Products cannot be guaranteed.

Shipping; Delivery. All shipping times shown on the Site are estimates only. Actual delivery dates may vary. Shipping, delivery, repairs, and installation of the Products may be performed by Petority's authorized third party logistics partners and technicians. While Petority will make a good faith effort to deliver the Petority Products in a timely manner, Petority is not responsible or liable for any delays or failure in such delivery, including without limitation, delays based on weather or other events beyond Petority's reasonable control. Your order will be delivered to the delivery address you specify when placing your order.

Returns. Please see our Return Policy and Limited Warranty for further information on this subject.

6. FEES AND PAYMENT TERMS

Payment. You agree to pay us, through our payment processor or financing party (as applicable), for all Petority Offerings in accordance with the prices and billing and payment terms in effect at the time the order is made. To submit an order for a Petority Offering, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or an account with a Third Party Service Provider (as defined DEALING WITH THIRD PARTIES). By providing your payment information, you agree that Petority is authorized to invoice your payment method for all fees and other charges as they become due and payable to Petority hereunder and that no additional notice or consent is required. You agree to immediately notify Petority of any change in your billing address, debit card, credit card, or Third Party Service Provider account used for payment (e.g., PayPal, Stripe, Apple Pay).

Taxes. Unless otherwise specified at the time of purchase, all applicable shipping and handling costs, taxes and other charges, if any, are in addition to the prices shown for the Petority Products on the Site. If any order or payment under the Agreement is subject to Sales Tax in any jurisdiction, you will be responsible for such Sales Tax and Petority will include the Sales Tax within the schedule of fees owed by you. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that is the functional equivalent of a sales tax.

Bill Inquiries and Refunds. If you believe you have been billed in error, please notify us within thirty (30) days from purchase by contacting us at help@petority.com. Petority will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law or otherwise expressly permitted in our Refund Policy or applicable warranty (see Limited Warranty and Extended Hardware Warranty).

Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Only Promo Codes sent to you through official Petority communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

7. TERM AND TERMINATION

Term. The Agreement commences on the date when you accept it (as described in the preamble above), or on the date you first used the Petority Service, if earlier, and remains in full force and effect while you use any of the Petority Offerings unless terminated earlier in accordance with the Agreement.

Termination. Petority may, in Petority's sole discretion, terminate or suspend your access to all or part of the Petority Offerings and your Petority account, or block or remove any of User Content (defined below) for any or no reason, including without limitation, if Petority determines, in its sole discretion, that you have violated the Agreement, that your conduct or the User Content would tend to damage Petority's reputation or goodwill or otherwise harm Petority or the Petority Offerings, and that you have violated the User Conduct requirements in Section 10.

Effect of Termination / Account Deletion. Upon termination of this agreement, all granted licenses by Petority and your rights to access and use Petority products will automatically terminate. If your account is deleted for any reason, user content may no longer be available. Petority assumes no responsibility for any suspension or termination, including the deletion of user content. For clarity, if you cancel your subscription or terminate for any other reason, you will lose access to all content or features provided through Petority products or otherwise related to your subscription. All provisions in this agreement, by their nature, should remain effective after the termination of Petority products or your subscription, including but not limited to ownership terms, warranty disclaimers, and liability limitations.

No Subsequent Registration. If your Petority service registration or access ability, or your Petority eligibility, is terminated by Petority due to any violation of this agreement or other conduct not suitable for the community or damaging to Petority's reputation, you agree not to attempt to re-register or access Petority account eligibility by using a different username or other means. You acknowledge that you are not entitled to receive any refund of fees associated with these Petority services or any subscription or membership eligibility for which your access has been terminated due to the termination of Petority. If you violate the preceding sentence, Petority reserves the right to take any or all actions set forth herein immediately, at its sole discretion, without providing any notice or warning to you.

8. SUBMISSIONS; CONTENT

User Content. Any content and information that a user uploads, posts，e-mails, transmits or otherwise makes available through the Petority Offerings (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of you. You represent that User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. As between you and Petority, you own all User Content. When you uploads or otherwise make available User Content through the Petority Offerings, you represent that you own or have the right to use User Content. Any User Content that you make available may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Petority in its sole discretion. You hereby represent and warrant that your User Content does not violate the Agreement. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us.

License to User Content. You grant Petority a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free, fully-paid license and right (including any moral rights) to use, copy, record transmit, distribute, perform and display (through all media now known or later created), edit, modify, and make derivative works from User Content for the purposes specified in our Privacy Policy and for operating and providing the Petority Offerings. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content.

Feedback. If you make suggestions to Petority or through the Petority Offerings about improving or adding new features, products, services, or functionality to the Petority Offerings or you otherwise provide feedback or testimonials (collectively, “Feedback”), you grant Petority a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner such Feedback without any compensation or other obligation to you. You represent and warrant that you have all rights necessary to submit the Feedback. You agree that submission of any Feedback is at your own risk and that Petority has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

Consent to Recording of Interactions with our Services. You acknowledge and agree that Petority and our third-party service providers may record and use information about your interactions with our Services and your communications with us (including, via chat features) for quality assurance, research, development and other purposes as described in our Privacy Policy.

9. INTELLECTUAL PROPERTY OWNERSHIP

Petority Offerings. Except with respect to User Content, you acknowledge and agree that Petority owns all right, title, and interest in and to the Petority Offerings (including but not limited to, designs, specifications, computer code, layouts, designs, user interfaces, themes, objects, characters, character names, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and software). You acknowledge that the Petority Offerings contains software and other content that is protected by intellectual property and other proprietary rights, including copyrights, patents, trade secrets, and trademarks, and that these rights are protected and retained by Petority in all forms, media, and technologies existing now or hereafter developed. All Petority-generated content, and content provided to Petority by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Petority, Petority owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Petority Offerings.

Trademarks. The Petority name and logos and all affiliated properties, graphics, trademarks, service marks, trade dress, trade names, and designs used on or in connection with the Petority Offerings are the exclusive property of Petority, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product, or service. Any other trademarks appearing on the Petority Offerings are trademarks of their respective owners and their use is similarly restricted.

Reservation of Rights. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Petority Offerings. All rights not expressly granted in the Agreement are reserved. Nothing contained on the Petority Offerings should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or other intellectual property without our express prior written consent.

10. USER CONDUCT

In using the Petority Offerings, you must behave in a civil and respectful manner at all times. You may not take any action or make available to any part of the Petority Offerings any content or materials that:

• Infringes, misappropriates, or otherwise violates any third party's intellectual property, proprietary, privacy, or publicity rights, or any;
• Is sexually explicit content, obscene, or pornography;
• Is threatening, abusive, harassing, hateful, defamatory, discriminatory, incites hatred against any individual or group, libelous, deceptive, fraudulent, invasive to another's privacy, tortious, offensive, profane, or violent;
• Harms or exploits minors;
• Is unlawful or violent;
• Depicts animal cruelty or violence towards animals;
• Involves commercial activities or sales, such as contests, sweepstakes, barter, or advertising, without Petority's prior written consent, or promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
• Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail;
• Is deceptive, including among other things, by impersonating any person or entity, including any employee or representative of Petority;
• Interferes with or attempts to interfere with the proper functioning of the Petority Offerings or uses the Petority Offerings in any way not expressly permitted by the Agreement; or
• Violates or is prohibited by any applicable law.

Additionally, you agree not to attempt to engage in or engage in any potentially harmful acts that are directed against the Petority Offerings, including but not limited to violating or attempting to violate any security features of the Petority Offerings, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Petority Offerings, introducing viruses, worms, or similar harmful code into the Petority Offerings, or interfering or attempting to interfere with use of the Petority Offerings by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Petority Offerings.

To protect the intellectual property rights of Petority and its suppliers, any resale of Petority Offerings for personal and/or business profit is strictly prohibited (aside from the individual sale of a Petority Products by a consumer who legally purchased the Petority Products for personal use). For the avoidance of doubt, resale of the Petority Services is prohibited and any warranty offered by Petority is not transferable. Petority reserves the right to decline any order that Petority deems to possess characteristics of reselling.

If you plan to use the Petority in connection with any commercial activity (aside from the individual sale of a Petority by a consumer who purchased the Petority for personal use), you must receive prior consent from Petority. Petority reserves the right to request any changes or removal of the Petority displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.).

11. INVESTIGATIONS; RESERVATION OF RIGHTS

Although Petority does not generally monitor user activity occurring in connection with the Petority Offerings or User Content, Petority does reserve the right to monitor all conduct on and content submitted to the Petority Offerings and investigate any possible violations of the Agreement or applicable laws or regulations.

Petority reserves the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Agreement, infringes or otherwise violates any intellectual property, proprietary, privacy, or publicity rights of any person or entity, threatens the personal safety of users of the Petority Offerings or the public, or could create liability for Petority; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Petority Offerings; and (e) terminate or suspend your access to all or part of the Petority Offerings for any or no reason, including without limitation, any violation of the Agreement.

Petority is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Petority Offerings, including User Content, in Petority's possession in connection with your use of the Petority Offerings, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Petority, its users or the public, and all enforcement or other government officials, as Petority in its sole discretion believes to be necessary or appropriate.

12. DEALINGS WITH THIRD PARTIES

Content Provided by Other Users. The Petority Offerings may contain User Content provided by other users. Petority is not responsible for and does not control such User Content. Petority has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to any User Content. You use all User Content and interact with other users at your own risk. If there is a dispute between you and any other user of Petority Offerings, we are under no obligation to become involved.

Third Party Payment Services. Petority uses third party providers, including Stripe, PayPal, Apple Pay, for payment services (e.g., card acceptance, merchant settlement, and related services) (each, a “Third Party Payment Provider”). By buying any Petority Offerings through the Site, you (a) agree to be bound by the privacy policy and its terms of service of the Third Party Payment Provider providing the payment services, as indicated at the time you make your purchase (which terms and policy are accessible at the respective Third Party Payment Provider's website) and (b) hereby consent and authorize Petority and the applicable Third Party Payment Provider to share any information and payment instructions you provide to the minimum extent required to complete your transactions.

App Stores. You acknowledge and agree that the availability of the Application and the Petority Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store, the Google Play Store (the “App Store”). You acknowledge that the Agreement is between you and Petority and not with the App Store. Petority, not the App Store, is solely responsible for the Petority Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

• You acknowledge and agree that (i) the Agreement is concluded between you and Petority only, and not Apple, and (ii) Petority, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Petority and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Petority.
• You and Petority acknowledge that, as between Petority and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and Petority acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Petority and Apple, Petority, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
• You and Petority acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
• Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Third Party Links, Content, and Materials. There may be links on the Petority Services that let you access a site that is operated by a third party. Petority will not warn you that you have left the Petority Services and that you are then subject to the terms and conditions (including privacy policies) of another site or destination. Petority neither controls nor endorses these sites, nor has, nor will, Petority review, approve, monitor, warrant, or make any representations with respect to the third party sites, the content that appears on them, or any product or service provided in connection with them. You acknowledge that Petority is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or other materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites. You use all links at your own risk. When you leave the Petority Services, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party sites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Petority and our directors, officers, employees, suppliers, other customers, and agents (collectively, the “Petority Parties”) from and against all claims, damages, losses, and costs (including reasonable attorneys' fees) that arise from or relate to (i) your use of, or inability to use, the Petority Offerings, (ii) User Content, (iii) your violation of the Agreement, (iv) your violation of any rights of another party, including another user of the Petority Offerings, or (v) your violation of any applicable laws, rules, or regulations. Petority reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Petority in asserting any available defenses. This provision does not require you to indemnify any of the Petority Parties for any unconscionable commercial practice by such Petority Party or for its fraud, deception, false promise, misrepresentation, or concealment, or suppression or omission of any material fact in connection with the Petority Offerings. You agree that the provisions in this section will survive any termination of your Account, Subscription , the Agreement and/or your access to the Petority Offerings.

14. DISCLAIMER OF WARRANTIES AND CONDITIONS

Limited and Extended Hardware Warranties. This Section (Disclaimer of Warranties and Conditions) does not affect in any way our Return Policy, our Limited Warranty, or our Extended Hardware Warranty. If for any reason you are not satisfied with a purchase you make on the Petority website, please refer to the terms of our Return Policy or your applicable warranty (the Limited Warranty or the Extended Hardware Warranty).

Returns. Please see our and Limited Warranty (or for any eligible Petority Product for which you have an active Membership, our Extended Hardware Warranty) for further information on this subject.

AS IS. Except as set forth in the "Limited and Extended Warranties Section," above and the Limited and Extended Hardware Warranties, you expressly understand and agree that to the extent permitted by applicable law, Petority provides the Petority Offerings on an "as is" and "as available" basis, with all faults, and your use of the Petority Offerings is solely at your own risk. No advice or information, whether oral or written, provided by Petority will create any warranty not expressly made herein or your applicable warranty. Other than as expressly provided in writing by Petority in connection with your purchase of a Petority product, Petority Parties expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law with respect to the Petority Offerings.

Without limiting the foregoing, Petority makes no representations or warranties that: (A) the use of the Petority Offerings is or will be permitted in your jurisdiction or will function properly outside the U.S.; (B) the Petority Offerings will be uninterrupted, timely, secure, or error-free; or (C) the results that may be obtained from use of the Petority Offerings, including any location data or any other data made available in connection therewith, will be accurate, complete, or reliable.

Furthermore, the location data provided by Petority offerings is intended solely for basic informational purposes and should not be relied upon in situations where precise location information is required, or where erroneous, inaccurate, time-delayed, or incomplete location data could result in death, personal injury, or property or environmental damage.

Additionally, the results obtained from Petority offerings may vary, be interrupted, or be limited due to various conditions, including but not limited to: (A) limitations in wireless transmission capacity and cellular telephone network capacity, (B) atmospheric, terrain, and geographic conditions, (C) other natural or artificial environmental conditions beyond Petority's control, and (D) limitations in the electrical system design and architecture of your device.

Products and Plans: Descriptions, images, references, features, content, specifications, products, plans, prices, and availability of any products or plans are subject to change without notice. Our current prices can be found on the site. We make reasonable efforts to accurately display the attributes of our products, including applicable colors and sizes; however, the actual color and size you see may depend on your computer, and we cannot guarantee that your computer will accurately display such colors or sizes. The inclusion of any products or plans in any Petority offerings at a particular time does not imply or warrant that these products or plans will be available at all times.

15. PROFESSIONAL ADVICE DISCLAIMER

Any Petority offering that provides health or fitness data for your dog is designed for educational and entertainment purposes only. You should not rely on information available in or via any Petority offering, including information specifically for your dog, as a substitute for professional veterinary advice, diagnosis, or treatment for your dog. If you have any concerns or questions about your dog's health, you should always consult a veterinary physician or other healthcare professional for dogs. The use of information provided through the Petority service is solely at your own risk. Petority offerings are continually under development and Petority makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.

16. LIMITATION OF LIABILITY

Disclaimer of Certain Damages. You understand and agree that to the fullest extent permitted by applicable law, the Petority Parties will not be liable to you or any other party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, business, or other intangible losses or procurement of substitute goods or services, in each case whether or not Petority has been advised of the possibility of such damages, arising out of or in connection with the Agreement or the Petority Offerings, including use of the Petority Products, Petority Services, or any other Petority Offerings, including any communications, interactions, or meetings with other users of the Petority Offerings, on any theory of liability, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory.

Cap on Liability. You understand and agree that to the fullest extent permitted by applicable law, the Petority Parties' liability to you or any other party arising out of or in connection with the Agreement, including use of the Petority Products, Petority Services, or any other Petority Offerings, or any communications or interactions with other users, will not exceed, in the aggregate (for all claims), the total amount actually paid by you to Petority over the three (3) months preceding the date your first claim arose or, if greater, twenty dollars ($20.00).

Exclusion of Damages; Basis of the Bargain. If you live in a jurisdiction that does not allow certain exclusions or limitations of liability, the above exclusions or limitations may not apply to you. To the extent that any aspect of the limitations set forth above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Petority and you.

17. COPYRIGHT / DMCA POLICY

Petority respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe or misappropriate any third party copyright or other intellectual property rights.

It is Petority's policy to terminate access to Petority Offerings of any user who repeatedly infringes copyright upon prompt notification to Petority by the copyright owner or the copyright owner's legal agent.

Filing a DMCA Notice to Remove Copyrighted Content - for copyright owners and legal agents. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing the following information:

• Your name, address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where on the Petority website the material that you claim is fringing may be found, sufficient for Petority to locate the material (e.g., the URL).
• A statement that you have a good faith belief that the use of the copyrighted rk is not authorized by the copyright owner, its agent, or the law.
• A statement by you under penalty of perjury that the information in your notice accurate and that you are the copyright owner or authorized to act on the pyright owner's behalf.
• Your electronic or physical signature.

Petority may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

18. ARBITRATION CLAUSE & CLASS ACTION WAIVER

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Petority arbitrate disputes against one another.

Dispute Resolution: Please note that this Section 18 outlines the procedures for resolving disputes between you and Petority. Among other provisions, this Section 18 includes an agreement to arbitrate, which mandates that all disputes between you and Petority must be resolved through binding and final arbitration, with limited exceptions. Additionally, this Section 18 includes a waiver of class action and jury trial. It is important to carefully read this Section 18.

• Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Petority agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Petority Offerings, any communications you receive, any products sold or distributed through the Petority Offerings, or the Agreement, including claims and disputes that arose between us before the effective date of the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Petority may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Petority may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of the Agreement.

• Informal Dispute Resolution. There may be instances when a Dispute arises between you and Petority. If that occurs, Petority is committed to working with you to reach a reasonable resolution. You and Petority agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Petority therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.

• The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.

• The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any fiing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

• Waiver of Jury Trial. You and Petority hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Petority are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

• Waiver of Class and Other Non-Individualized Relief. You and Petority agree that, except as specified in subsection 18(i) (Batch Arbitration), each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis, and the parties hereby waive all rights to have any dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Only individual relief is available, and disputes of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 18(i) (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Petority agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York County in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Petority from participating in a class-wide settlement of claims.

• Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Petority agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.

• A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

• If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

• Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 19(i) (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.

• You and Petority agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

• Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 18(i) (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.

• Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

• Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Petority need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

• Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Petority agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Petority by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

• All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Petority.

• You and Petority agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

• 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Barking Labs Corp., 419 Lafayette Street, Floor 2, New York, New York 10003, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Petority account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

• Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Petority as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

• Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Petority makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Petority at: Barking Labs Corp., 419 Lafayette Street, Floor 2, New York, New York 10003, your continued use of the Petority Offerings, including the acceptance of products and services offered on or through the Petority Offerings, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Petority Offerings, any communications you receive, any products sold or distributed through the Petority Offerings or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement) remain in full force and effect. Petority will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement.

19. GOVERNING LAW

The Agreement and any dispute or request for relief relating in any way to the Agreement will be governed by the laws of the State of New York, United States of America, without giving effect to any conflicts of law principles that would require the application of the law of any other jurisdiction. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the Arbitration Agreement in Section 18, any other action arising out of or relating to the Agreement or your use of the Petority Offerings must be commenced in the state or federal courts located in New York County, New York, United States of America, and you consent to the jurisdiction of those courts.

20. GENERAL PROVISIONS

Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and will not be used to construe the terms of the Agreement. If any term of the Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from the Agreement. No failure or delay by Petority in exercising any right hereunder will waive any further exercise of that right. Petority's rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries. The Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer the Agreement without Petority's prior written consent. Unless explicitly stated otherwise, no third party has any rights hereunder. Petority may assign our rights, obligations and/or the Agreement at any time in our sole discretion without notice to you.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from Petority electronically. Petority may communicate by email or by posting to the Petority Offerings. For support-related inquiries, you may email help@petority.com.

Nothing in the Agreement or otherwise limits Petority's right to object to subpoenas, claims, or other demands. For contractual purposes, you (a) consent to receive communications from Petority in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Petority provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

Force Majeure. Petority shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, pandemics, epidemics, or governmental orders.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Petority Offerings, please contact us by email at help@petority.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Export Control. By using the Petority Offerings, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Petority are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Petority Offerings, either directly or indirectly, to any country in violation of such laws and regulations.

Entire Agreement. The Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Petority Offerings from time to time:

• Privacy Policy
• Limited Warranty
• Extended Hardware Warranty
• Return Policy

If there is a conflict between any policies posted on the Petority Offerings and the terms of the Agreement, the terms of the Agreement will control. The Agreement represents the entire understanding between Petority and you and supersedes all prior agreements and understandings regarding the same.