Effective: January 1, 2025
Welcome to PetSavvy, owned and operated by RHF Group LLC, a State of New York limited liability company (“PetSavvy,” “Company,” we,” “us,”or “our”). PetSavvy provides an online marketplace (the “Services”) that connects consumers (“Consumers”) with Services, including but not limited to pet services, including grooming, boarding/daycare and veterinary services, wherepet owners can search for pet service providers (the “Providers”). The Services are accessible at PetSavvyApp.comand/or our mobile software application (together with any content,functionality, and Services available therein, and successor site(s) orapplications thereto, the “Platform”). Each of theConsumers and/or Providers may hereafter be referred to as a “you,” “your,”“User” or collectively as “Users” who transact and interact usingthe Platform. By using the Platform, you agree to comply with and be legallybound by the terms and conditions of these Terms of Use (“Terms”),whether or not you become a registered user of the Services. These Terms governyour access to and use of the Platform and all Mutual Content (as definedbelow) and constitute a binding legal agreement between you and PetSavvy. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, ASFURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASISTO RESOLVE DISPUTES BETWEEN US AND YOU RATHER THAN JURY TRIALS OR ANY OTHERCOURT PROCEEDINGS.
THE PLATFORM IS AN ONLINE PLATFORM THROUGH WHICH CONSUMERSSEARCH FOR PROVIDERS IN ORDER TO RECEIVE SERVICES PROVIDED BY THE PROVIDERS. USERSUNDERSTAND AND AGREE THAT PETSAVVY IS NOT A PARTY TO ANY AGREEMENTS ENTEREDINTO BETWEEN PROVIDERS AND CONSUMERS. PETSAVVY HAS NO CONTROL OVER THE CONDUCTOF USERS OF THE PLATFORM OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, ANDDISCLAIMS ALL LIABILITY IN THIS REGARD. If you have any questions regarding the Platform or any related Services,please contact us at support@PetSavvyApp.com. For information about how wecollect, use, share and otherwise process information about you, please see ourPrivacy Policy located at [link to privacy policy]. Definitions “Appointment” means a scheduled appointmentcoordinated and occurring on the Platform between a Consumer and a Providerthrough a Booking. “Booking” means you are making a reservation for anAppointment on the Platform to receive the Provider’s Services. “Platform Content” means all Content that PetSavvy makes available through the Platform,including any Content licensed from a third party, but excluding User GeneratedContent.“Mutual Content” means User Generated Content and Platform Content.“Content” means text, graphics, images, music, software, audio, video,information or other materials.“Deal” means the special offers ordiscounts from the Providers on the Platform. “Provider Services” means the servicesprovided directly to the Consumer by the Service Provider. . “User Generated Content” means all Content including, but not limited to ratings, photos,reviews, videos, schedules etc. and the Consumer posts, uploads, publishes, submits,or transmits to be made available through the Platform. BY USING THE PLATFORM, INCLUDING BY OPENING AN ACCOUNT OR BY SCHEDULINGOR ACCEPTING AN APPOINTMENT THROUGH THE PLATFORM’S BOOKINGS, YOU AFFIRM THATYOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU AGREE TO THESETERMS. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND A PROVIDER INCONNECTION WITH APPOINTMENTS THROUGH A BOOKING YOU SCHEDULE OR ACCEPT. DO NOTUSE OUR PLATFORM IF YOU DO NOT AGREE TO THESE TERMS.
Modification We may revise and update these Terms occasionallyat our sole discretion. All changes are effective immediately when we post themand apply to all access to and use of the PetSavvy Platform thereafter. Your continued use of the PetSavvy Platform following the postingof revised Terms means that you accept and agree to the changes. You areexpected to check this page occasionally to be aware of any changes, as theyare binding on you. Eligibility The Platform isintended solely for persons who are 18 or older. Any access to or use of the Platformby anyone under 18 is expressly prohibited. By accessing or using the Platform,you represent and warrant that (i) you agree to be bound by these Terms and(ii) that you are 18 or older and can form legally binding contracts. How the Platform Works PetSavvy is a two-sided marketplace that connects Consumers toProviders that operate in pet services, including groomers,boarding/daycare services and veterinary services, where pet owners can use theplatform to search for pet servicesfrom Providers. Consumers create an account on PetSavvy. Once you verify your email, you may conduct a searchof the type of Service you wish (like pet services, including grooming,boarding/daycare and veterinary services, etc.) to procure per service (“Search”). Consumers will then be provided with acurated selection of Providers which is presented to consumers based on input search criteria.Consumers can schedule Appointments through a Booking with Providers. . Thescheduled Appointment through a Booking will be transmitted to the Providerfor approval. Once approved, the Consumerwill receive an Appointment confirmation. Appointments are conducted on thePlatform. A Consumeris required to pay for the Provider Services, subject to the terms set forth bythe Provider. All payment obligations for the Provider’s Services are solelybetween the Consumers and the Service Providers. PetSavvy plays no role inpayouts, collections, or billing. Once the Service is completed, the fee willbe earned by the Provider.. PetSavvy makes no representations orwarranties about the quality of any Provider Services provided directly betweenConsumers and Providers. The Companydoes not control Providers listed on the PetSavvy Platform, and Providers decidehow to provide their Provider Services at their discretion. We may conduct aninitial internal review of Providers and may require a background check whenaccepting them as Providers on the Platform. Consumers must use their independent judgment before engaging aProvider or interacting with Providers using the PetSavvy Platform. Consumersare solely responsible for making decisions when selecting Providers and maynot rely on any internal screening process undertaken by the Company. Consumersagree that the Company has no liability for damages,including any and all pet injuries, including but not limited to illness,paralysis, death, damages or economic, that the Consumer’s pet may suffer as adirect result of engaging a Provider’s Services, including traveling to andfrom the Provider’s location, or any other damages associated with Provider Servicesor resulting from any other transactions between Users of the PetSavvy Platform.NoProfessional Advice: If the Service providesprofessional information (for example, veterinarian medical services, requiredlicensing, etc.), such information is for informational purposes only andshould not be construed as professional advice or Provider Services. No actionshould be taken based on any information contained on the Platform. You shouldseek independent professional advice from a licensed and/or qualified person inthe applicable area.Appointments. Consumers and Providers engage on the PetSavvyPlatform when they mutually agree to an appointment using our Booking system. Thissystem enables users to highlight the scope, fees, and timing of the service.Consumers initiate appointments by selecting a Provider from the search resultsand following the Booking request process. Please note that the actual amountscharged by service providers may vary based on a variety of factors. Allrequests are subject to acceptance by the Provider, who reserves the right todecline at their discretion. While Consumers can view deals as unregisteredvisitors, PetSavvy Platform usage requires registration and creation of aPetSavvy Account to claim deals. Upon claiming a deal, users can book anappointment, and upon receiving the service, they will provide the business withtheir unique deal claim ID. The accuracy of pricing on the PetSavvy Platform issubject to the accuracy with which Providers enter such information.PetSavvy’s role is solely to facilitate the platform's availabilityand provide related services, such as Appointment scheduling and payment integration.PetSavvy does not provide and is not responsible for User Generated Content orany information or advice exchanged between Consumers and Providers duringAppointments or otherwise. Consumer understands and acknowledgesthat PetSavvy is not responsible for and disclaims any and all liability related to any and all information provided on thePlatform. Accordingly, all users of the Platform use it at their own risk. By using the Platform, Consumers agree thatany legal remedy or liability that they seek to obtain for actions or omissionsof Providers or other third parties will be limited to a claim against theparticular Provider or other third parties who caused Consumer harm, and youagree not to attempt to impose liability on or seek any legal remedy from PetSavvywith respect to such actions or omissions. Terminating a Scheduled Appointment Consumers and Providers completely control whether aProvider Service is booked or indicated interest in receiving services. AConsumer may decline to book an appointment or indicate interest in receivingservices from a Provider, and a Provider may refuse to provide ProviderServices to a Consumer, even after agreeing to perform the service via thePlatform, in either of their sole judgments. All matters pertaining tocancellations, refunds, or disputes shall be directly addressed by theConsumers and Providers, in accordance with the terms mutually agreed upon byboth parties Account Registration; Security Direct Registration: To access certain features of the Platform, Users mustregister to create an account (“PetSavvy Account”). Users may registerdirectly via the Platform as described in this section. It is a condition of your use of the PetSavvy Platformthat all the information you provide on the PetSavvy Platform is correct,current, and complete. You agree that all information you provide to registerwith the PetSavvy Platform or otherwise, including, but not limited to, throughthe use of any interactive features on the PetSavvy Platform, is governed byour Privacy Policy, and youconsent to all actions we take with respect to your information consistent withour Privacy Policy.If you chooseor are provided with a Username, password, or any other piece of information aspart of our security procedures, you must treat such information asconfidential and not disclose it to any other person or entity. You alsoacknowledge that your account is personal to you and agree not to provide anyother person with access to the PetSavvy Platform or portions of it using your Username,password, or other security information. You agree to notify us immediately ofany unauthorized access to or use of your Username, password, or any other securitybreach. You also agree to ensure that you exit from your account at the end ofeach session. We have theright to disable any Username, password, or other identifier, whether chosen byyou or provided by us, at any time in our sole discretion for any or no reason. Consumer Appointments and Financial Terms Consumers are responsible for honoring their confirmedAppointments. If Consumers choose to connect to a Provider by scheduling anAppointment via the Platform, these Terms and other terms, conditions, rulesand restrictions associated with such Appointment are set forth between theConsumers and the Provider. Accordingly,the Consumers acknowledge and agree that they will be responsible forperforming the obligations of any such agreements through bookings orappointments and that PetSavvy is not a party to such agreements, disclaimingall liability arising from or related to any bookings or appointments..Online Service Dealsand Commercial TermsBy agreeing to these Terms and paying fees directly to aProvider, you acknowledge that you are entering into a binding obligation topay all charges that may be incurred by you or on your behalf. These chargesare to be paid directly to the Provider at the price(s) in effect when suchcharges are incurred. Please note that RHF Group LLC does not process paymentsthrough the Platform. Furthermore, you remain responsible for any taxes thatmay be applicable to your Provider Fees. All descriptions, references, features, specifications andprices of products and services described or depicted on the Platform aresubject to change at any time without notice. RHF Group LLC, at its sole discretion, may offer promotionalpricing, codes, or other offers to you (“Promotions”). Promotions cannotbe used on past purchases. Promotions are non-transferable, and there is nocash alternative. Certain promotions may or may not be used in conjunction withother Promotions or offers and must be used by the date published, if any. Wereserve the right at any time without notice to retract or change anyPromotions. RHF Group LLC reserves the right, with or without priornotice, to do any one or more of the following: (i) limit the number of ServiceProvider offers you may post or receive or discontinue any product or service;(ii) impose conditions on the honoring of any coupon, coupon code, promotionalcode, or other similar promotion; (iii) bar any user from making or completingany or all transaction(s); and (iv) refuse to provide any user with any productor service. Providers will manage payments, and consumers will be required toadhere to the payment policies set by the providers themselves. PetSavvy is notinvolved in processing payments or collections. Any fees for provider serviceswill be handled based on the provider's own policies, and PetSavvy is not aparty to these arrangements. Cancellation Policy All cancellations and reschedules must be made on thePlatform. Appointment modifications should not be made with Providersdirectly. Cancellations or reschedulesshould be managed through the cancellation functionality provided on thePetSavvy app. Note: Last-minute cancellations are detrimental to our relationshipwith the Providers and should be avoided if possible. IntellectualProperty RightsThe Platform and its entire contents,features, and functionality (including but not limited to all information,software, text, displays, images, video, and audio, and the design, selection,and arrangement thereof) are owned by the Company, its licensors, or otherproviders of such material and are protected by United States and internationalcopyright, trademark, patent, trade secret, and other intellectual property orproprietary rights laws.These Terms of Use permit you to use the Platformfor your personal, non-commercial use only. You must not reproduce, distribute,modify, create derivative works of, publicly display, publicly perform,republish, download, store, or transmit any of the material on our Platformexcept as follows:· Your computer may temporarily store copies ofsuch materials in RAM incidental to your accessing and viewing those materials.· You may store files that are automaticallycached by your Web browser for display enhancement purposes.· You may print one copy of a reasonable number ofpages of the Platform for your own personal, non-commercial use and not forfurther reproduction, publication, or distribution.· If we provide desktop, mobile, or otherapplications for download, you may download a single copy to your computer ormobile device solely for your own personal, non-commercial use, provided youagree to be bound by our end user license agreement for such applications.· If we provide social media features with certain content, you may take suchactions as are enabled by such features.You must not:· Modify copies of any materials from this site.· Use any illustrations, photographs, video oraudio sequences, or any graphics separately from the accompanying text.· Delete or alter any copyright, trademark, orother proprietary rights notices from copies of materials from this site.You must not access or use any part of thePlatform or any Services or materials available through the Platform for anycommercial purposes. If you print, copy, modify, download, orotherwise use or provide any other person with access to any part of the Platformin breach of the Terms of Use, your right to use the Platform will stop immediately,and you must, at our option, return or destroy any copies of the materials youhave made. No right, title, or interest in or to the Platform or any content onthe Platform is transferred to you, and the Company reserves all rights notexpressly granted. Any use of the Platform not expressly permitted by theseTerms of Use is a breach of these Terms of Use and may violate copyright,trademark, and other laws.TrademarksThe Company name, the brand “PetSavvy,” theCompany logo, and all related names, logos, product and service names, designs,and slogans are trademarks of the Company or its affiliates or licensors. Youmust not use such marks without the prior written permission of the Company.All other names, logos, product and service names, designs, and slogans on thePlatform are the trademarks of their respective owners.ProhibitedUsesYou may use the Platform only for lawfulpurposes and in accordance with these Terms of Use. You agree not to use the Platform:· In any way that violates any applicable federal,state, local, or international law or regulation (including, withoutlimitation, any laws regarding the export of data or software to and from theUS or other countries). · For the purpose of exploiting, harming, orattempting to exploit or harm minors in any way by exposing them toinappropriate content, asking for personally identifiable information, orotherwise.· To send, knowingly receive, upload, download,use, or re-use any material that does not comply with the Content Standards setout in these Terms.· To transmit, or procure the sending of, anyadvertising or promotional material, including any "junk mail,""chain letter," "spam," or any other similar solicitation.· To impersonate or attempt to impersonate theCompany, a Company employee, another user, or any other person or entity(including, without limitation, by using email addresses or screen namesassociated with any of the foregoing).· To engage in any other conduct that restricts orinhibits anyone's use or enjoyment of the Platform, or which, as determined byus, may harm the Company or users of the Platform, or expose them to liability.Additionally, you agree not to:· Use the Platform in any manner that coulddisable, overburden, damage, or impair the site or interfere with any otherparty's use of the Platform, including their ability to engage in real timeactivities through the Platform.· Use any robot, spider, or other automaticdevice, process, or means to access the Platform for any purpose, includingmonitoring or copying any of the material on the Platform.· Use any manual process to monitor or copy any ofthe material on the Platform, or for any other purpose not expressly authorizedin these Terms, without our prior written consent.· Use any device, software, or routine thatinterferes with the proper working of the Platform.· Introduce any viruses, Trojan horses, worms,logic bombs, or other material that is malicious or technologically harmful.· Attempt to gain unauthorized access to,interfere with, damage, or disrupt any parts of the Platform, the server onwhich the Platform is stored, or any server, computer, or database connected tothe Platform. · Attack the Platform via a denial-of-serviceattack or a distributed denial-of-service attack.· Otherwise attempt to interfere with the properworking of the Platform.UserGenerated ContentThe Platform may contain reviews, comments,message boards, profiles, activity feeds, and other interactive features(collectively, "InteractiveServices") that allow users to post, submit, publish, display, ortransmit to other users or other persons (hereinafter, "post") content or materials(collectively, "User GeneratedContent") on or through the Platform.All User Generated Content must comply withthe Content Standards set out in these Terms of Use.Any User Contribution you post to thePlatform will be considered non-confidential and non-proprietary. By providingany User Contribution on the Platform, you grant us and our affiliates andservice providers, and each of their and our respective licensees, successors,and assigns the right to use, reproduce, modify, perform, display, distribute,and otherwise disclose to third parties any such material. Notwithstanding the foregoing, we reserve theright to remove one or more of your User Contributions for any reason or for noreason at our sole discretion.You represent and warrant that: · You own or control all rights in and to the UserGenerated Content and have the right to grant the license granted above to usand our affiliates and service providers, and each of their and our respectivelicensees, successors, and assigns.· All of your User Generated Content do and willcomply with these Terms of Use. You understand and acknowledge that you areresponsible for any User Generated Content you submit or contribute, and you,not the Company, have full responsibility for such content, including itslegality, reliability, accuracy, and appropriateness. We are not responsible or liable to any thirdparty for the content or accuracy of any User Generated Content posted by youor any other user of the Platform. Content Standards These content standards apply to any andall User Generated Content and use of the Platform. User-generated content must,in its entirety, comply with all applicable federal, state, local, andinternational laws and regulations. Without limiting the foregoing, User GeneratedContent must not: · Contain any material that is defamatory,obscene, indecent, abusive, offensive, harassing, violent, hateful,inflammatory, or otherwise objectionable.· Promote sexually explicit or pornographicmaterial, violence, or discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age.· Infringe any patent, trademark, tradesecret, copyright, or other intellectual property or other rights of any otherperson.· Violate the legal rights (including therights of publicity and privacy) of others or contain any material that couldgive rise to any civil or criminal liability under applicable laws orregulations or that otherwise may be in conflict with these Terms of Use andour Privacy Policy.· Be likely to deceive any person.· Promote any illegal activity, oradvocate, promote, or assist any unlawful act.· Cause annoyance, inconvenience, orneedless anxiety or be likely to upset, embarrass, alarm, or annoy any otherperson.· Impersonate any person or misrepresentyour identity or affiliation with any person or organization. · Involve commercial activities or sales,such as contests, sweepstakes, and other sales promotions, barter, oradvertising.Geographic RestrictionsThe owner of the Platform is based in the State of New Yorkin the United States. We make no claims that the Platform or any of its contentis accessible or appropriate outside of the United States. Access to the Platformmay not be legal by certain persons or in certain countries. If you access the Platformfrom outside the United States, you do so on your own initiative and areresponsible for compliance with local laws.Google Maps The Company Apps may require the use of Google Mapsfeatures and content, subject to the current (1) Google Maps Terms of Use athttps://maps.google.com/help/terms_maps.html) and (2) Google Privacy Policy athttps://www.google.com/policies/privacy/ (collectively, the "Google Terms").By using the Company Apps, you acknowledge and agree to the Google Terms asthey apply to you (e.g., as an "End User"). Any unauthorized use ofthe Google Maps features and content may result in your suspension ortermination from the Company Apps.Links from the PlatformIf the Platform contains links to othersites and resources provided by third parties, these links are provided foryour convenience only. We have no control over the contents of those sites orresources and accept no responsibility for them or for any loss or damage arisingfrom your use of them. If you decide to access any of the third-party websiteslinked to the Platform, you do so entirely at your own risk and subject to theterms and conditions of use for such websites.CopyrightInfringement The Company responds to notices of allegedcopyright infringement and terminates accounts of repeat infringers accordingto the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on thePlatform infringes upon any copyright that you own or control, you may file aDMCA Notice of Alleged Infringement with the Company at our email address: support@PetSavvyApp.com.Subject Line: DMCA Compliance Please provide the followinginformation: A description of the copyrighted work you believe to have been infringed; A description of the URL or other location on our Platform of the material you believe to be infringing; Your name, mailing address, telephone number and email address; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and An electronic or physical signature of the person authorized to act on behalf of the copyright owner. Suspension and Termination You understand and agree that we have no obligation to provide the Platformin any specific location or territory nor to continue providing it once we havebegun. We reserve the right to suspend or terminate your access to the Platformfor any reason or for no reason at all. You may suspend or terminate, in your sole discretion, your user accountor use of the Platform at any time and for any reason. Note that alloutstanding payment obligations incurred prior to termination will survivesuspension or termination of your account. Disclaimers IF YOU CHOOSE TO USETHE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PETSAVVYDOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY PRO. THE PLATFORM AND MUTUAL CONTENT ARE PROVIDED“AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUTLIMITING THE FOREGOING, PETSAVVY EXPLICITLY DISCLAIMS ANY WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGEOF TRADE. PETSAVVY MAKES NO WARRANTY THAT THE PLATFORM OR MUTUAL CONTENT,INCLUDING, BUT NOT LIMITED TO, THE DEALS OR ANY INFORMATION PROVIDED VIAAPPOINTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,SECURE, OR ERROR-FREE BASIS. PETSAVVY MAKES NO WARRANTY REGARDING THE QUALITYOF ANY DEALS, THE SERVICES, THE Provider GUIDANCE, OR MUTUAL CONTENT OR THEACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MUTUALCONTENT OBTAINED THROUGH THE PLATFORM, APPLICATION OR THE SERVICES. NO ADVICE ORINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PETSAVVY OR THROUGH THE PLATFORMOR MUTUAL CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOURCOMMUNICATIONS AND INTERACTIONS WITH PROVIDERS OR OTHER USERS OF THE PLATFORM ANDWITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOURUSE OF THE PLATFORM. YOU UNDERSTAND THAT PETSAVVY DOES NOT MAKE ANY ATTEMPT TOVERIFY THE STATEMENTS OR THE GUIDANCE OF THE PROVIDER OR OTHER USERS OF THE PLATFORM. PETSAVVY MAKES NO REPRESENTATIONS ORWARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM. THE PLATFORM MAY CONTAIN PROVIDER REVIEWS. PROVIDER REVIEWS ARE ESTABLISHED BY USING THECOMPANY’S PROPRIETARY REVIEW FORMULA, AT OUR SOLE DISCRETION, WHICH GIVESCONSIDERATION TO DIFFERENT CRITERIA, SUCH AS A PROVIDER’S WORK HISTORY,EDUCATION, PROFILE COMPLETION ON THE PLATFORM, AVAILABILITY AND CONSUMERREVIEWS. THE PROVIDER REVIEWS AREOFFERED FOR FREE AND "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OFANY KIND. WHILE WE HAVE MADE EVERYPOSSIBLE EFFORT TO PROVIDE MEANINGFUL PROVIDER REVIEWS, WE CAN NOT GUARANTEETHEIR CORRECTNESS, AND THEY MAY BE CHANGED OR REMOVED AT ANY TIME WITHOUTNOTICE, AT THE COMPANY’S SOLE DISCRETION. Limitation of Liability Exclusion of Certain Types of Damages. To themaximum extent permitted under applicable law, in no event will the Company beliable to you for any indirect, special, incidental, or consequential damagesor for any business losses or loss of profit, revenue, contracts, data,goodwill or other similar losses or expenses that arise out of or relate to theuse of or inability to use the Platform, including without limitation damagesrelated to any information received from the Platform, removal of your profileinformation or review (or other content) from the Platform, any suspension ortermination of your access to the Platform, or any failure, error, omission,interruption, defect, delay in operation or transmission of the Platform, evenif we are aware of the possibility of any such damages, losses or expenses.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TOYOU.Limit on Our Liability to You. EXCEPT WHEREPROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TOYOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PLATFORMOR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO COMPANY (SPECIFICALLYEXCLUDING AMOUNTS PAID TO PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDINGTHE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID COMPANY FOR THEUSE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCALCURRENCY).No Liability for Non-Company Actions. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BELIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCTOF YOU OR ANYONE ELSE IN CONNECTION WITH THE PLATFORM, INCLUDING WITHOUTLIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGESRESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTEDTHROUGH THE PLATFORM, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PLATFORM,WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISINGFROM THE CONDUCT OF USERS OR PROVIDERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.IF YOU HAVE A DISPUTE WITH A PROVIDER, YOUAGREE TO RELEASE THE COMPANY FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERYNATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCHDISPUTES. IN NO EVENT WILL THE COMPANYBE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF AN END USER OR PROVIDERFAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.Indemnification You agree to release,indemnify, and hold PetSavvy and its affiliates and subsidiaries, and theirofficers, directors, employees and agents, harmless from and against anyclaims, liabilities, damages, losses, and expenses, including, withoutlimitation, reasonable legal and accounting fees, arising out of or in any wayconnected with (a) your access to or use of the Platform or Mutual Content oryour violation of these Terms; (b) your User Generated Content and (c) your (i)interaction with any Provider, (ii) reliance on any information exchanged viathe Platform, or (iii) creation of a Deal. PetSavvy shall have the right tocontrol all defense and settlement activities.Phone, Text and MobileCommunicationsBy providing us with yourwireless phone number, You confirm and consent to the Company, as well asproviders on the Platform, communicating with you about the Platform, yourAppointments, and other products and services that may be of interest to you bySMS, text message, email, and other electronic means, including autodialed textmessages containing Platform and Appointment information and/or marketingmessages, even if your phone number is on the do-not-call list. Your carrier'snormal messaging, data, and other rates and fees will apply to thesecommunications. You are not required to provide this consent to receivemarketing messages as a condition of using the Platform, and you may opt-out ofreceiving these messages at any time (though you may continue to receivemessages related to your Appointments). Dispute Resolution. Please read thisArbitration Agreement carefully. It is part of your contract with the Companyand affects your rights. It contains procedures for MANDATORY BINDINGARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. All claims and disputes (excludingclaims for injunctive or other equitable relief as set forth below) inconnection with the Terms or the use of the Platform that cannot be resolvedinformally or in small claims court shall be resolved by binding arbitration onan individual basis under the terms of this Arbitration Agreement. Unlessotherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company and to anysubsidiaries, affiliates, agents, employees, predecessors in interest,successors, and assigns. Notice Requirement andInformal Dispute Resolution. Before eitherparty may seek arbitration, the party must first send to the other party awritten Notice of Dispute (“Notice”) describing the nature and basis of theclaim or dispute and the requested relief. A Notice to Company should beemailed to support@PetSavvyApp.com. After receiving the Notice, you and the Company may attempt to informallyresolve the claim or dispute. If you and the Company do not resolve theclaim or dispute within thirty (30) days of receiving the Notice, either partymay begin an arbitration proceeding. The amount of any settlement offermade by any party may not be disclosed to the arbitrator until after thearbitrator has determined the amount of the award, if any, to which eitherparty is entitled. Arbitration Rules. Arbitrationshall be initiated through the American Arbitration Association (“AAA”), anestablished alternative dispute resolution provider (“ADR Provider”) thatoffers arbitration as set forth in this section. If AAA cannot arbitrate,the parties shall agree to select an alternative ADR Provider. The rulesof the ADR Provider shall govern all aspects of the arbitration, including butnot limited to the method of initiating and/or demanding arbitration, except tothe extent such rules are in conflict with the Terms. A single, neutralarbitrator shall conduct the arbitration. Any claims or disputes wherethe total amount of the award sought is less than Ten Thousand U.S. Dollars (US$10,000.00) may be resolved through binding non-appearance-based arbitration atthe option of the party seeking relief. For claims or disputes where thetotal amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00)or more, the right to a hearing will be determined by the ArbitrationRules. Any judgment on the awardrendered by the arbitrator may be entered in any court of competentjurisdiction. Each party shall bear its own costs (including attorney’sfees) and disbursements arising out of the arbitration and shall pay an equalshare of the fees and costs of the ADR Provider. Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, thearbitration shall be conducted by telephone, online and/or based solely onwritten submissions; the party initiating the arbitration shall choose thespecific manner. The arbitration shall not involve any personalappearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or the Company pursuearbitration, the arbitration action must be initiated and/or demanded withinthe statute of limitations (i.e., the legal deadline for filing a claim) andwithin any deadline imposed under the AAA Rules for the pertinent claim. Authority of Arbitrator. If arbitrationis initiated, the arbitrator will decide the rights and liabilities of you and theCompany, and the dispute will not be consolidated with any other matters orjoined with any other cases or parties. The arbitrator shall have theauthority to grant motions dispositive of all or part of any claim. Thearbitrator shall have the authority to award monetary damages and to grant anynon-monetary remedy or relief available to an individual under applicable law,the AAA Rules, and the Terms. The arbitrator shall issue a written awardand statement of decision describing the essential findings and conclusions onwhich the award is based, including calculating any damages awarded. Thearbitrator has the same authority to award relief individually as a judge in acourt of law would have. The award of the arbitrator is final and bindingupon you and the Company. Waiver of Jury Trial. THE PARTIESHEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVEA TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims anddisputes shall be resolved by arbitration under this Arbitration Agreement. Arbitrationprocedures are typically more limited, more efficient and less costly thanrules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in anystate or federal court in a suit to vacate or enforce an arbitration award orotherwise, YOU AND PETSAVVY NOW WAIVE ALL RIGHTS TO A JURY TRIAL, insteadelecting that a judge resolve the dispute. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATIONAGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON ACLASS BASIS, AND CLAIMS CANNOT BE ARBITRATED OR LITIGATED JOINTLY ORCONSOLIDATED WITH THOSE OF ANY OTHER USER. Confidentiality. All aspects ofthe arbitration proceeding, including but not limited to the arbitrator's awardand compliance therewith, shall be strictly confidential. The partiesagree to maintain confidentiality unless otherwise required by law. Thisparagraph shall not prevent a party from submitting to a court of law anyinformation necessary to enforce this Agreement, to enforce an arbitrationaward, or to seek injunctive or equitable relief. Severability. If any part or parts of thisArbitration Agreement are found under the law to be invalid or unenforceable bya court of competent jurisdiction, then such specific part or parts shall be ofno force and effect and shall be severed, and the remainder of the Agreementshall continue in full force and effect. Right to Waive. Any or all ofthe rights and limitations set forth in this Arbitration Agreement may bewaived by the party against whom the claim is asserted. Such waiver shallnot waive or affect any other portion of this Arbitration Agreement. Survival of Agreement. This ArbitrationAgreement will survive the termination of your relationship with the Company. Emergency Equitable Relief. Notwithstandingthe foregoing, either party may seek emergency equitable relief before a stateor federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any otherrights or obligations under this Arbitration Agreement. Courts. In any circumstances where theforegoing Arbitration Agreement permits the parties to litigate in court, theparties hereby agree to submit to the personal jurisdiction of the courtslocated within Seattle, New York, for such purpose. Severability The invalidity, illegality or unenforceability of any term orprovision of these Terms shall in no way affect the validity, legality orenforceability of any other term or provision of these Terms. In the event aterm or provision is determined to be invalid or unenforceable, the partiesagree to replace such term or provision with a term or provision that is validand enforceable and that comes closest to expressing the intention of theinvalid or unenforceable term or provision, and these Terms shall beenforceable as so modified. Waiver The waiver by either party of a breach ofor a default under any provision of these Terms shall not be effective unless in writingand shall not be construed as a waiver of any subsequent breach of or defaultunder the same or any other provision of these Terms, nor shall any delay or omission on thepart of either party to exercise or avail itself of any right or remedy that ithas or may have hereunder operate as a waiver of any right or remedy.Entire AgreementThese Terms and the Privacy Policy constitute the sole and entireagreement between you and RHF Group LLC, regarding the Platform and supersede all prior andcontemporaneous understandings, agreements, representations, and warranties,both written and oral, regarding the Platform. Your Comments and ConcernsThiswebsite is operated by RHF Group LLC.Allfeedback, comments, requests for technical support, and other communicationsrelating to the Platform should be directed to: support@PetSavvyApp.com.