Terms & Conditions
Terms of Service Updated: June 6, 2022 These Terms of Service (“Terms”) govern your use of the Petverse
Inc website, any Petverse Inc mobile application, application programming interfaces, content, products
and other services offered by Petverse Inc, as well as Petverse Inc services offered through third
parties integrating Petverse Inc functionality (collectively, the “Services”). Petverse Inc, Inc.
(“Petverse Inc”, “Company”, “we” or “us”) provides the Services. “You” refers to you as a user of any of
the Services. THE DISPUTE RESOLUTION SECTION IN SECTION 22 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND Petverse Inc TO RESOLVE DISPUTES WITH EACH OTHER
ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION
SECTION OF THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES
OF THIS IMPORTANT DECISION. The Services include a marketplace technology platform that enables
third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Care Providers”)
to connect with each other. Petverse Inc has no control over the conduct of Pet Care Providers or any
other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT Petverse Inc IS A TECHNOLOGY SERVICES
PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES. 1. Acceptance of these Terms By agreeing to these
Terms, and/or by using or accessing the Services (including without an account), you expressly
acknowledge that you understand and accept all of the terms (including the dispute resolution and
arbitration provisions below). BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM
CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR
ACCESS THE SERVICES. 2. Changes to these Terms Petverse Inc may, in its sole discretion, amend the Terms
and modify or update the Services from time to time. If we change these Terms, we will give you notice by
posting the revised Terms on the Services. Please review this page periodically to ensure you are
up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised
Terms. Your continued use of the Services will constitute your acceptance of the amended Terms. 3.
Additional Terms Our Privacy Policy, Community Guidelines, and other Policies applicable to your use of
the Services are incorporated by reference into these Terms (the “Additional Terms”), as updated from
time to time. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THESE ADDITIONAL TERMS. We will make
Additional Terms available for you to read through the Services. If you do not agree to abide by the
Additional Terms, you automatically opt out of and are prohibited from using the Services. If you violate
the provisions of the Additional Terms, Petverse Inc may, in its sole discretion, suspend, discontinue,
or change your account or any aspect of your access to or use of the Services in whole or in part. By
continuing to use the Services, you agree to the Additional Terms and any future amendments and additions
to the Additional Terms as published from time to time through the Services. Please review the Additional
Terms periodically to ensure you are up-to-date with any changes. 4. Your Consent to Receive Calls, Text
Messages, Emails, and Other Communications You expressly consent to receive and accept communications
from Petverse Inc, our Affiliates (as defined below), and their respective representatives, including via
e-mail, telephone calls, text messages (including by an automatic telephone dialing system or a
prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or
telephone numbers provided by you or on your behalf to Petverse Inc. You agree that the foregoing
authorized communications may be initiated for any transactional, customer service, advertising,
marketing, promotional, debt collection, account administration, or other purposes. YOU ACKNOWLEDGE THAT
YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING, OR
MARKETING (COLLECTIVELY, “MARKETING”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY,
GOODS, OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS, OR TEXT MESSAGES FROM US, YOU
AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR BY
CONTACTING CUSTOMER SUCCESS AT (844) 205-7669 OR contact@myponyup.COM. If you receive a marketing call
from Petverse Inc, you also may opt-out of receiving future marketing calls by communicating a
do-not-call request to our representative before you hang up. You agree that Petverse Inc and our
Affiliates and representatives will not be responsible for honoring opt-out requests communicated through
other channels. If you wish to register an account with Petverse Inc without agreeing to receive
autodialed or prerecorded marketing calls or text messages from Petverse Inc and our Affiliates, contact
a Customer Success representative for assistance at (844) 905-7669 or contact@myponyup.com. Standard text
messaging and data charges charged by your wireless service carrier will apply to text messages we may
send. You represent and warrant that you are authorized to approve the receipt of calls and text messages
at any telephone number you provide to us in connection with your account or your use of our Services and
to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING
COMMUNICATIONS, Petverse Inc MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS
BETWEEN YOU, Petverse Inc, AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR
RECEIVE FROM OTHER USERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR
OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES. 5. Eligibility You must be at least 18 years
old to use the Services. If you are under the age of majority in your state of residence or a minor, your
parent or legal guardian must agree to these Terms on your behalf and you may only access and use the
Services with permission from your parent or legal guardian. 6. Petverse Inc as a Marketplace Technology
Platform The Services include a marketplace technology platform that connects Pet Care Providers with Pet
Owners. We do not provide any pet care services and make no representations or warranties about the
quality of pet walking, boarding, sitting, transportation, or other services provided by Pet Care
Providers, or about your interactions and dealings with Pet Care Providers or other users. Petverse Inc
does not employ, recommend, or endorse Pet Owners or Pet Care Providers, and we are not responsible or
liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline.
Petverse Inc does not procure insurance for Pet Owners (or their pets) or Pet Care Providers, nor is
Petverse Inc responsible for the property of Pet Owners or Pet Care Providers. Petverse Inc provides Pet
Care Providers with access to third-party vendors that perform background checks and verifications.
Petverse Inc itself does not conduct background checks and does not independently verify information in
the background checks. Petverse Inc is not responsible or liable in any manner for the background checks.
7. Payment Terms for Pet Owners 7.1 General Payment Terms As a Pet Owner, you understand that use of the
Services may result in you owing fees to the Pet Care Provider for the pet care services you receive from
such Pet Care Provider. Petverse Inc will facilitate your payment of the applicable charges on behalf of
the Pet Care Provider through third-party payment processors, with whom you will be required to establish
an account to access the Services. Payment of such charges in such manner shall be considered the same as
payment made directly by you to the Pet Care Provider. Charges will be inclusive of applicable taxes
where required by law. Charges paid by you are final and non-refundable regardless of your decision to
terminate usage of the Services, Petverse Inc’s decision to terminate your usage, any disruption of the
Services, or any other reason whatsoever, unless otherwise determined by Petverse Inc. All charges are
due immediately and Petverse Inc, or a third-party payment processor, will process your payment on the
Pet Care Provider’s behalf using the primary payment method designated by you in your Petverse Inc
account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be
charged, you agree that Petverse Inc may, as the Pet Care Provider’s limited payment collection agent,
use a secondary payment method in your account, if available. Pet Owners and Pet Care Providers transact
with each other on the Petverse Inc marketplace technology platform when they both agree to a “booking”
that specifies the fees, time period, cancellation policy, and other terms for provision of pet care
services via the booking mechanism provided on the Petverse Inc marketplace technology platform. You may
choose to transact with certain Pet Care Providers from time to time based on a variety of factors in
your discretion, such as your desired price range, a Pet Care Provider’s pet service price rate, a Pet
Care Provider’s profile, and a Pet Care Provider’s star ratings and reviews. Once you request a pet care
service, you agree to pay the Pet Care Provider the agreed-to price and honor the other terms of such
booking. You may elect to cancel your request for services from a Pet Care Provider at any time prior to
such Pet Care Provider’s arrival, in which case you may be subject to a cancellation fee. The fees owed
to Pet Care Providers are not inclusive of tip or gratuity for the Pet Care Provider. While you are free
to provide gratuity to any Pet Care Provider who provides you with services obtained through the
Services, you are under no obligation to do so. After you have received services or goods obtained
through the Services, you will have the opportunity to rate your experience and leave additional feedback
about your Pet Care Provider. In addition to the above fees, you understand and acknowledge that you may
incur ancillary charges in connection with your receipt of pet care services from Pet Care Providers
(“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2)
service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee,
and (6) other fees. A description of any Charges will be available on the Services. You have absolute
discretion to request or not request services from a Pet Care Provider if the total applicable fee or
charge is not acceptable to you. From time to time, Petverse Inc may, in its sole discretion, make
available certain promotions, offers, credits, rewards, subscriptions, or referrals links or codes to Pet
Owners (the “Promotions”). Such Promotions will be provided to Pet Owners via the Services, by email, or
otherwise made available electronically by Petverse Inc. Such Promotions are only valid for redemption
through the Services and are not transferable or redeemable for cash except as required by law. Each
Promotion is a limited time offer and is valid only for the time and purpose and under the terms and
conditions specified therein, which may include eligibility, time, and location requirements. Petverse
Inc, at its sole discretion, reserves the right to issue Promotions with different features, discounts,
offers, or deals to any users or groups of users determined solely by Petverse Inc. These Promotions,
unless made to you, shall have no bearing whatsoever on your use of the Services or any Promotions
offered to you. Petverse Inc reserves the right to withhold or deduct credits or other features or
benefits obtained through the use of Promotions that were made in error or obtained through fraud or
suspected illegal behavior, or where the Pet Owner was found to be in violation of the terms of such
Promotion, these Terms, or the Additional Terms. Promotions may be modified, disabled, or withdrawn by
Petverse Inc at any time for any reason or no reason without liability to Petverse Inc. You acknowledge
and agree that Petverse Inc may limit or temporarily or permanently suspend your use of or access to the
Services if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding
a payment method, (2) any amounts you owe for pet care services are overdue or in default, or (3)
Petverse Inc believes in good faith that such action is reasonably necessary to protect the personal
safety or property of Petverse Inc, our users, any third-party payment processor or third parties, or to
prevent fraud or other illegal activity. 7.2 Automatic Subscription Renewal and Cancellation Petverse Inc
PREMIUM PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU. AFTER YOUR
INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR
SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PERIOD EQUIVALENT TO THE SUBSCRIPTION TERM YOU
ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY
SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. You may cancel your paid membership
subscription at any time by following the instructions on your account settings page or by contacting
Customer Success at (844) 905-7669 or contact@myponyup.com. If you cancel your subscription, you
typically will be permitted to use your subscription until the end of your then-current subscription
term. Your subscription will not be renewed after your then-current term expires, but your payment method
will be charged, and you will be required to pay any cancellation or other fees associated with your
early termination and disclosed to you at the time you signed up for the subscription plan. 7.3 Payment
Authorization Upon addition of a new payment method or each pet care service request, Petverse Inc may
seek authorization of your selected payment method to verify the payment method, ensure the pet care
service charges will be covered, and protect against unauthorized behavior. The authorization is not a
charge; however, it may reduce your available credit by the authorization amount until your bank’s next
processing cycle. Should the amount of the authorization exceed the total funds on deposit in your
account, you may be subject to overdraft of NSF charges by the bank issuing your credit, debit, or
prepaid card. Petverse Inc cannot be held responsible for these charges and are unable to assist you in
recovering them from your issuing bank. Petverse Inc reserves the right to request additional information
from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
8. Acceptable Use of the Services You are responsible for your use of the Services, and for any use of
the Services made using your account. Our goal is to create a positive, useful, and safe user experience.
To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third
parties, or to us. When you use the Services, you may not: violate any law or regulation or use the
Services for any unintended or illegal purposes; violate, infringe, or misappropriate other people’s
intellectual property, privacy, publicity, or other legal rights; provide false information in your
profile on, or registration for, the Services; post or share anything that is illegal, abusive,
harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise
objectionable; send unsolicited or unauthorized advertising or commercial communications, such as spam;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to
collect data from the Services; transmit any viruses, malicious codes, or other computer instructions or
technological means whose purpose is to disrupt, damage, or interfere with the use of computers or
related systems; stalk, harass, or harm another individual; impersonate any person or entity, maintain
more than one account (or, if Petverse Inc suspends or terminates your account, create further accounts),
or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and
payment fraud; use any means to scrape or crawl any Web pages contained in the Services; use the Services
to identify Pet Care Providers to complete off-line transactions that circumvent your payment obligations
for the Services; use the Services for purposes of competing with Petverse Inc; authorize other users to
use your user status or transfer your account to any other person or entity; attempt to circumvent any
technological measure implemented by us, any of our providers, or any other third party (including
another user) to protect the Services; interfere with Petverse Inc’s provision of, or any other user’s
use of, the Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the
software or other underlying code used to provide the Services; solicit another user’s username and
password for the Services; post reviews about Pet Care Providers that are not based on your personal
experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms; use the
Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a
history of attacks on animals or people, or any other pets not specifically contemplated by the Services;
or advocate, encourage, or assist any third party in doing any of the foregoing. 9. User Content The
Services allow you to upload, submit, store, send, or receive data, information, and content (“User
Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
In other words, you own your personal data. When you upload, submit, store, send, or receive User Content
to or through the Services, you give us permission to reproduce and use your User Content as follows: you
grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative
works (including, but not limited to, translations, adaptations, or other changes we make so that User
Content works better with the Services), publicly perform, publicly display, and distribute your User
Content in order to operate, promote, market, and improve our Services. Our license to your User Content
is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User
Content for their purposes. This license is irrevocable, sublicensable, fully-paid, and royalty free,
meaning we do not owe you anything else in connection with our use of your User Content. We may exercise
our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our
rights under this license continue even after you stop using the Services. In general, however, we will
only need to use your User Content for as long as you choose to store it with us using the Services. You
promise that: you own all rights to your User Content or, alternatively, that you have the right to give
us the rights described above (including having the necessary consents and releases from any individuals
who appear or whose pets appear in your User Content); and your User Content does not infringe the
intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share, and
display your User Content (including Pet Owners’ reviews of Pet Care Providers) or Pet Care Providers’
reviews of Pet Owners or their pet(s) in any manner in connection with our business without attribution
to you or your approval. You acknowledge and agree that we are distributors (without any obligation to
verify) and not publishers of your User Content or Pet Care Providers’ reviews, and we reserve the right
to monitor, screen, edit, or remove your User Content or Pet Care Providers’ reviews in the event that
such content include obscenities or other objectionable content, include an individual’s name or other
personal information, or violate any privacy laws, other applicable laws, or Company’s content policies.
Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right
to enforce them in another instance. We are not obligated to provide you with copies of your User
Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to
your User Content. If you include your name, image, likeness or voice in any of your User Content, you
grant us permission to use your name, image, voice, and likeness, and hereby release us from any
liability arising from such use, including, without limitation, claims for invasion of privacy,
infringement of your right of publicity, and defamation (including libel and slander). Petverse Inc
offers an in-app chat feature to better connect Pet Owners with Pet Care Providers. Data, information,
and content sent through the chat feature is User Content that is subject to these Terms. We are able to
access this User Content and reserve the right (but have no obligation) to monitor, screen, edit, or
remove your User Content. Users should be mindful when communicating information to third parties, and we
recommend that you refrain from disclosing or sending sensitive information through the chat feature,
such as personal financial information, log-in account information, passwords, and/or personal contact
information (including phone numbers). The Services may provide the ability to leave public and/or
private reviews of users or their pets. You acknowledge that even private reviews may be shared with
third parties in accordance with applicable law and our Privacy Policy and that Petverse Inc has no
obligation to preserve or indefinitely store any reviews. If you are a Pet Care Provider, we have no
obligation to provide you with the content of any reviews about you submitted by other users of the
Services, whether before or after termination of your account for the Services. We will have no liability
to you for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to
screen, edit, or remove these reviews from the Services at any time. 10. Consent to Pet Care Provider
Photo and Video Activities As a Pet Owner, you understand and agree that certain Pet Care Providers may
take pictures or videos or otherwise create recorded media of you or your pet during the course of
providing services to you. You also understand and agree that during the course of a service you or your
pet may participate in recorded media. You further understand and agree that Pet Care Providers may post,
upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to
Petverse Inc through the Services or to their own social media, the Internet, or otherwise. You
understand and agree that such recorded media may be used not only to provide information to you as part
of the Services, but also to assist Petverse Inc in quality control, safety, and promotional and
marketing activities. You agree that you have no right, title, or other ownership interest to or in such
pictures, videos, or other forms of recorded media, and that the use of such media, including the posting
or display of such media, is within Petverse Inc’s and Pet Care Providers’ sole discretion. Petverse Inc
hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos, and other
forms of recorded media of your pet that are made available by Petverse Inc through the Petverse Inc
Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts). 11.
Pet Owner Obligations As a Pet Owner, you hereby represent, covenant, and warrant to Petverse Inc and
each Pet Care Provider who provides you with pet care services that: (1) the pet(s) that you request pet
care services for are your own; (2) your pets are free from fleas, ticks, and other pests; (3) you have
divulged any material information about your pets, including pre-existing medical conditions and other
behavioral issues that may be relevant to or impact a Pet Care Provider’s ability to provide the
Services; (4) you will have your pets fully vaccinated and up-to-date on all forms of preventative
medicine prior to receiving services from a Pet Care Provider; (5) you will comply with all laws and
ordinances applicable to your activities conducted through the Services, including ensuring your pet is
licensed as required by local law; and (6) the pet(s) for which you are seeking services are not
dangerous or otherwise likely to injure others. If you elect to use the Services, you agree to provide
accurate information about yourself and your pet and keep this information up-to-date, including any
material information or medical data of your pet. You acknowledge and agree that if you allow another
person to access your account or if you request a pet care service for a pet that is not your own, in
each case in violation of these Terms, you and such other person will be jointly and severally liable for
all acts and omissions in connection with engaging the Services, including all costs incurred or
associated with such engagement. You are fully responsible for the actions of your pet(s). You
understand, acknowledge and agree that, as between you and Petverse Inc, you shall be liable for any and
all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation,
reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, the
behavior of your pet(s), including without limitation, claims by third parties (including Pet Care
Providers) for damage, loss, or injuries resulting from bites or attacks on such third parties by your
pet(s). Incidents, injury, damage, or loss caused by your pet may be governed by applicable state
liability laws. Petverse Inc will cooperate with appropriate law enforcement authorities to provide
requested information regarding the situation. If you elect to use a Pet Care Provider through the
Services, you shall carry applicable liability insurance sufficient for the pet care services you
request, the risks associated with such services, and as mandated by law. Be sure to review your
applicable policy(ies) and address any questions regarding appropriate liability coverage with your
insurance carrier and/or legal representatives prior to utilizing a Pet Care Provider through the
Services. You may purchase or request a lockbox to store a key for entrance to your home or apartment for
use in connection with the Services. You understand, acknowledge and agree that we are not liable for any
loss, claims, or damages you may suffer as a result of your use of the lockbox, including situations
where the lockbox may be illegally accessed by a third party. You understand and agree that any Pet Care
Provider from whom you may seek or obtain pet care services via the Services is an independent
contractor, and not a partner, joint venturer, agent, legal representative, employer, Worker, or employee
of Petverse Inc. Pet Care Providers have no ability or authority to represent Petverse Inc or otherwise
make statements or commitments on Petverse Inc’s behalf. Pet Care Providers have the sole and absolute
discretion to reject or refuse any pet care services that you may request, including if they violate any
law or regulation, are dangerous or unsafe, or otherwise violate these Terms or the Additional Terms. If
you, in your sole discretion, choose to provide equipment to Pet Care Providers, Pet Care Providers have
the right to refuse a pet care service that involves a retractable leash, which can be dangerous for pets
and Pet Care Providers alike, and may cause a safety hazard. You acknowledge and agree that you will
assume all liability in connection with providing a retractable leash. In addition, we encourage Pet
Owners to request only on-leash services. Please note that for safety reasons, puppies, kittens, or other
pets that are six (6) months or younger may be restricted from certain types of services offered via the
Petverse Inc platform or be subject to limited service offerings tailored specifically to young pets. Pet
Owners who arrange for pet care services and fail to retrieve their pet within three (3) days after the
service period (or an earlier period required under applicable animal abandonment or cruelty laws) agree
that Petverse Inc (or the Pet Care Provider) may, in its (or his or her) sole discretion, place the pet
in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse Petverse Inc
and/or the Pet Care Provider for all costs and expenses associated with such actions. Furthermore,
Petverse Inc expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Pet
Care Provider’s care should Petverse Inc deem it necessary for the safety of a pet, the Pet Care
Provider, or any third parties. Prior to removing a pet from the care of a Pet Care Provider, Petverse
Inc will use reasonable efforts during its normal business hours to contact the Pet Owner and/or the Pet
Owner’s emergency or trusted contact (if provided) to arrange alternative care. Should Petverse Inc not
be able to contact the Pet Owner or the emergency contact, Petverse Inc will use its best judgment to
find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. If you are a Pet
Owner, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to Petverse Inc
in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and
agree to pay all costs and expenses incurred by Petverse Inc in connection with such transfer. If your
Pet Care Provider or Petverse Inc reaches you with a request to authorize medical care for your pet and
you refuse, you waive, release, and promise never to assert any claims or causes of action arising from
failure to seek such care, whether or not known at the time of such refusal, against Petverse Inc or its
predecessors, successors, past or present subsidiaries, stockholders, directors, officers, employees,
consultants, attorneys, agents, assigns, or the applicable Pet Care Provider with respect to any matter,
including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract,
or breach of the covenant of good faith and fair dealing. You expressly waive and release any and all
rights and benefits under Section 1542 of the California Civil Code (or any analogous law of any other
state), which reads as follows: “A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release, which if known by him
or her must have materially affected his or her settlement with the debtor.” In the unlikely case that
your pet needs immediate medical attention or veterinary care, you hereby authorize your Pet Care
Provider and Petverse Inc to obtain and authorize the provision of veterinary care for your pet if you
cannot be reached to authorize care yourself in an emergency situation. Pet Owners are solely responsible
for the costs of any such medical treatment for your pets and, if you are a Pet Owner, you hereby
authorize Petverse Inc to charge any of your payment methods for such costs. As a Pet Owner, you
acknowledge that Petverse Inc is in the business of connecting Pet Owners and Pet Care Providers, and
that said business is how Petverse Inc earns its income. As a result, Pet Owner agrees that if Pet Owner
solicits a Pet Care Provider to provide off-platform pet care services to Pet Owner whom Pet Owner first
met and/or learned about through the Petverse Inc platform, Petverse Inc is entitled to charge both the
Pet Owner and the Pet Care Provider a referral fee. This referral fee will be charged once per specific
Pet Owner/Pet Care Provider services relationship utilized outside of the process provided for within the
Petverse Inc platform. Pet Owner’s referral fee will be $1,000. Pet Owner will first be notified in
writing of Pet Owner’s obligation to pay the referral fee. Thereafter, Pet Owner hereby authorizes
Petverse Inc to charge any of your payment methods for the referral fee. 12. Ownership Other than User
Content, we own or license all right, title, and interest in and to (a) the Services, including all
software, text, media, and other content available on the Services (“Our Content”); and (b) our
trademarks, logos, and brand elements (“Marks”). The Services, Our Content, and Marks are all protected
under U.S. and international laws. The look and feel of the Services are copyright © Petverse Inc, Inc.
All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or
visual design elements or concepts without express written permission from Petverse Inc, Inc. 13.
Copyright and Intellectual Property Policy We respond to notices of alleged copyright infringement and
terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium
Copyright Act. If you believe that your work has been copied in a way that constitutes copyright
infringement, please forward the following information to the Copyright Agent named below: Your address,
telephone number, and email address. A description of the copyrighted work that you claim has been
infringed. A description of where the alleged infringing material is located. A statement by you that you
have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent,
or the law. An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright interest. A statement by you, made under penalty of perjury, that the above information is
accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent: For clarity, only copyright infringement notices should be sent to our Copyright Agent
at contact@myponyup.com. You acknowledge that if you fail to comply with all of the requirements of this
section, your notice may not be valid. If you believe the content that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a
counter-notice to the Copyright Agent address listed above containing the following information: Your
physical or electronic signature; Identification of the content that has been removed or to which access
has been disabled and the location at which the content appeared before it was removed or disabled; A
statement that you have a good faith belief that the content was removed or disabled as a result of a
mistake or a misidentification of the content; and Your name, physical address, telephone number, and
e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara
County, California, and a statement that you will accept service of process from the person who provided
notification of the alleged infringement. After we receive your counter-notification, we will forward it
to the party who submitted the original claim of copyright infringement. Please note that when we forward
the counter-notification, it includes your personal information. By submitting a counter-notification,
you consent to having your information revealed in this way. We will not forward the counter-notification
to any party other than the original claimant. After we send out the counter-notification, the claimant
must then notify us within ten (10) days that he or she has filed an action seeking a court order to
restrain you from engaging in infringing activity relating to the content that was removed or disabled.
If we receive such notification, we will be unable to restore the material. If we do not receive such
notification, we may reinstate the material. 14. Call Recording and Monitoring You agree that all
telephone conversations between you and Petverse Inc (or our Affiliates and representatives), or other
platform users when made via the platform, may be monitored and recorded for quality assurance and
training purposes. 15. Privacy Your privacy is very important to us. Our Privacy Policy explains how we
collect, use, protect, and when we share personal information and other data with others. You are
responsible for maintaining the confidentiality of your account information, including your username and
password. You are responsible for all activities that occur under your account and you agree to notify us
immediately of any unauthorized access or use of your account. We are not responsible or liable for any
damage or loss related to any unauthorized access or use of your account, including without limitation,
as a result of phishing or other similar attacks. Petverse Inc may use third-party web analytics services
on the Services, such as Google Analytics. This technology analyzes how the Services are used by visitors
and may also provide the third-party website from which a user arrives. The information collected by the
technology will be disclosed to or collected directly by these third-party service providers, who use the
information to evaluate your use of the Services. Petverse Inc also uses Google Analytics for certain
purposes related to advertising. For more information on this please see the Petverse Inc Privacy Policy.
To prevent Google Analytics from using your information for analytics, you may install the Google
Analytics Opt-Out Browser Add-on. 16. Third-Party Content The Services may contain links to other
websites and online resources, and the Services may be made available or accessed in connection with
third-party services and content (including advertising) that Petverse Inc does not control. You
acknowledge that different terms of use and privacy policies may apply to your use of such third-party
websites, services, and content. Petverse Inc does not endorse such third-party websites, services, and
content and in no event shall Petverse Inc be responsible or liable for any damage or loss related to the
use of websites, products, services, or content of such third-party providers. Reviews, profiles, advice,
opinions, statements, offers, postings, or other information or content made available through the
Services, but not directly by Petverse Inc, are those of their respective authors, who are solely
responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Petverse Inc DOES NOT:
(A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES; OR
(A) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR
STATEMENT MADE BY ANY PARTY OTHER THAN Petverse Inc. 17. Third-Party Applications These Terms apply to
your use of the Services, including the Petverse Inc applications (each an “Application”) made available
by third-party providers such as Apple, Inc. and Google, Inc. (each a “Provider”) through their
respective online stores, but the following additional terms also apply to each Application: Both you and
Petverse Inc acknowledge that the Terms are concluded between you and Petverse Inc only, and not with any
Provider, and that a Provider is not responsible for the Services; The Application is licensed to you on
a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection
with the Services for your private, personal, non-commercial use (unless otherwise agreed by Petverse Inc
in a separate agreement with you), subject to all the terms and conditions of these Terms as they are
applicable to the Services; You will only use the Application in connection with a Provider-branded
device that you own or control and as permitted by the Provider’s usage rules set forth in its terms of
service, except that such Application may be accessed and used by other accounts associated with the
purchaser via family sharing or volume purchasing (if applicable); You acknowledge and agree that a
Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the
Application; In the event of any failure of the Application to conform to any applicable warranty,
including those implied by law, you may notify the Provider of such failure; upon notification, the
Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the
Application; You acknowledge and agree that Petverse Inc, and not the Provider, is responsible for
addressing any claims you or any third party may have in relation to the Application and any other
claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any
warranty will be Petverse Inc’s and not the Provider’s responsibility; You acknowledge and agree that, in
the event of any third-party claim that the Application or your possession and use of the Application
infringes that third party's intellectual property rights, Petverse Inc, and not the Provider, will be
solely responsible for the investigation, defense, settlement, and discharge of any such infringement
claim; You represent and warrant that you are not located in a country subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that
you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and Petverse
Inc acknowledge and agree that, in your use of the Application, you will comply with any applicable
third-party terms of agreement which may affect or be affected by such use; Both you and Petverse Inc
acknowledge and agree that the Provider and its subsidiaries are third-party beneficiaries of these
Terms, and that upon your acceptance of these Terms, the Provider will have the right (and will be deemed
to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof; and
In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL
TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 18. Third-Party
Beneficiaries Pet Care Providers (when the Terms are agreed to between Petverse Inc and a Pet Owner) and
Pet Owners (when the Terms are agreed to between Petverse Inc and a Pet Care Provider) are each a
third-party beneficiary of these Terms, and that upon acceptance of these Terms, the Pet Care Provider or
Pet Owner (respectively) will have the right (and will be deemed to have accepted the right) to enforce
these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement
& Waiver of Certain Rights. 19. Suspension and Termination We reserve the right to not provide the
Services to any person. We also reserve the right to suspend or terminate any user’s right to access the
Services at any time, in our sole discretion, for any reason (or no reason at all), including, without
limitation, with respect to Pet Owners, below average ratings or reviews of you by Pet Care Providers. If
your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate
any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.
20. Disclaimer and Limitations on Our Liability 20.1 General Disclaimer and Limitations YOU USE THE
SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES
AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Petverse Inc AND ITS OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM
ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN
PARTICULAR, Petverse Inc AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR
COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE
SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES.
Petverse Inc AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE
OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e)
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY
PRODUCT OFFERED FOR SALE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU
OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH
THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT THERE
ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL
INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE
RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND
OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF
PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR
CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS,
EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY
INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN
NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE
TERMS OR ADDITIONAL TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE
LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF
LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE
(12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. We do not warrant that the quality of any
products, Services, information, or other material purchased or obtained by you will meet your
expectations. While we aim to display product colors and images as accurately as possible, we cannot
guarantee that your computer monitor's display of any color will be accurate. We reserve the right to
correct or update any information, and to change or update information or cancel orders if any
information is inaccurate at any time without prior notice (including after you have submitted your
order), but disclaim any obligation to do so except as required by law. You are solely responsible for
determining whether products are suitable for use or consumption by your pet. Any nutrition, ingredient,
allergen, or other product information is provided by the product manufacturers or suppliers and may be
modified by the manufacturers from time to time. Petverse Inc does not represent or warrant that such
information is accurate or complete, and we recommend that you do not rely solely on the information
presented. Please consult the product label or contact the manufacturer directly if you have a specific
dietary or allergic concern or any other question about a product. You understand and agree that we have
set our prices and entered into these Terms with you in reliance upon the limitations of liability set
forth in these Terms, which allocate risk between us and form the basis of the bargain between the
parties. 20.2 Disclaimer of Professional Advice; No Veterinarian-Client-Patient Relationship The Services
relating to pet health (the “Health Related Services”) are provided for informational purposes only. The
Health Related Services do not provide medical or veterinary advice or any medical, veterinary,
healthcare, or wellness service. The Health Related Services are not a substitute for the professional
judgement of a veterinary or other medical professional and are not in any way intended to substitute for
or override professional veterinary advice, diagnosis, or treatment. Always seek the advice of your
veterinarian or other qualified health provider with any question you may have regarding a pet’s medical
condition. If you think your pet may have a medical emergency, call your veterinarian, animal control,
PETA, or 911 for help immediately. You also acknowledge and agree that communications on or through the
Health Related Services, including without limitation, User Content, whether with content providers or
other users, are at your own risk and are not covered by any privilege or confidentiality obligation that
might apply if you were to obtain your own professional advice (e.g., veterinarian-pet). No matter the
qualifications of the person answering your question, by using the Health Related Services, including but
not limited to, “Ask a vet” and live digital consultations, you expressly acknowledge that the Health
Related Service is NOT a substitute for veterinary care (whether emergency or otherwise), and you further
acknowledge that we, the veterinarians, and the Pet Care Providers cannot provide advice or consultation
over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise)
without a thorough and proper physical evaluation of the pet. In addition, the quality of the responses
provided by the veterinarians and Pet Care Providers will be influenced directly by the quality of the
question asked (and the completeness and accuracy of the information conveyed by the person asking the
question), of which we, the veterinarians, and the Pet Care Providers have no control. If your pet is
sick, injured, or otherwise in need of medical attention, you agree to contact your regular veterinarian
or local emergency provider of veterinary services immediately, as neither Petverse Inc nor the Health
Related Services is the appropriate venue to deal with such situations. You also expressly acknowledge
and agree that in the case where one of the Pet Care Providers who is a licensed veterinarian answers
your question(s), a veterinarian-client patient relationship is NOT and will NOT be established, and that
the Health Related Services will NOT be able to diagnose, treat, or prescribe any medication for your
pet. You further acknowledge that the laws, regulations, other governing authorities, standards,
practices, and procedures that apply to your particular question may differ depending upon your location
or upon the information that typically would be discovered through in-person (or in-pet) evaluations or
visits. By using the Health Related Services, you understand that any licensed veterinarian that answers
your question(s) is NOT your pet’s veterinarian, and that the information they provide to you is NOT a
substitute for in-person veterinary diagnosis and/or treatment. Please be advised that nothing
transmitted to or via the Health Related Services constitutes the establishment of a
veterinarian-client-patient relationship between you (or your pet) and any professional. We highly
recommend that you always seek the advice of your veterinarian or other qualified provider with any
questions that you may have regarding your pet’s medical condition, and that you do not disregard their
advice (or delay seeking their advice) because of something that you have read or otherwise been provided
through the Health Related Services. 20.3 Disclaimer of Insurance Entity Status Petverse Inc and Petverse
Inc Wellness are not licensed insurance entities and do not offer, administer, solicit, market, sell,
underwrite, or in any way engage in the business of insurance. All insurance products are offered and
administered by independent third-party insurance providers. Petverse Inc and Petverse Inc Wellness make
no representations or warranties about the accuracy or completeness of content available on the insurance
products or sites linked from this webpage. The information you see on the Petverse Inc Wellness
information portal may be different from what you see when you visit a pet insurance provider or specific
pet insurance site. When evaluating offers, please review the insurance provider’s Terms and Conditions.
21. Indemnification You agree to indemnify and hold harmless Petverse Inc and its Affiliates from and
against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including,
without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or
relating to, any (i) actual or alleged breach of these Terms or the Additional Terms by you or anyone
using your account, including claims arising from a breach of any of the Pet Owner Obligations set forth
in these Terms or Additional Terms; (ii) transactions, interactions or disputes with other users of the
Services, whether online or offline; (iii) your misstatements, omissions, misrepresentations, or
violation of applicable law; (iv) any of Your Content; (v) any text messages or other communications that
you initiate to other Users or to third parties through our Services; and (vi) the actions of your
pet(s), including any property damage or personal injury to third parties caused by your pet or pets
under your care. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION OF
SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO
INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR
WRITTEN CONSENT. 22. Arbitration Agreement & Waiver of Certain Rights For purposes of this Section 22
(“Arbitration Agreement”), references to “Petverse Inc” include our Affiliates. a. Applicability. You and
Petverse Inc agree that any dispute or claim arising out of or relating in any way to your use of the
Services, these Terms, the Additional Terms, your relationship with Petverse Inc, or your receipt of any
communications from Petverse Inc will be resolved by binding arbitration on an individual basis, rather
than in court, except that you may assert claims in small claims court to the extent your claims qualify,
remain in such court, and advance solely on an individual basis. “Disputes” or “claims” under this
provision shall include, but are not limited to, any dispute, claim, or controversy, whether based on
past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior
versions thereof (including the breach, termination, enforcement, interpretation or validity thereof),
the Services, any other goods, services, or content made available through the Services, your
relationship with Petverse Inc, the threatened or actual suspension, deactivation, or termination of your
account with Petverse Inc, payments made by you or any payments made or allegedly owed to you, any
promotions or offers made by Petverse Inc, any communications you receive from Petverse Inc, any claims
for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims
arising under federal or state consumer protection laws, claims arising under antitrust laws, claims
arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising
under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state
statutes, if any, addressing the same or similar subject matters, and all other federal and state
statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee
of Petverse Inc, this Arbitration Agreement will not apply to any claims or disputes arising out of your
employment relationship with Petverse Inc and any such claims and disputes may be governed by separate
agreements. b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must
notify the other party in writing via certified mail, return receipt requested, or hand delivery within
the applicable statute of limitations period. This demand for arbitration must include (1) the name and
address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim,
and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to
General Counsel, Petverse Inc Inc., 8 The Green, Suite B, Dover, DE 19901, and contact@myponyup.com. The
arbitration will be conducted by the American Arbitration Association (“ AAA”), an established
alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial
Arbitration Rules and procedures available at
http://www.adr.org/sites/default/files/CommercialRules_Web.pdf. AAA’s rules are also available by calling
AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select a reasonably
equivalent alternative arbitral forum. If the arbitrator finds that you cannot afford to pay filing,
administrative, hearing, and/or other fees necessary for the arbitration and you cannot obtain a waiver
for such fees, Petverse Inc will pay them for you. In addition, Petverse Inc will reimburse all such
filing, administrative, hearing and/or other fees for proceedings involving claims totaling less than
$10,000 unless the arbitrator determines the claims are frivolous. Petverse Inc will not seek attorneys'
fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose
to have the arbitration conducted by telephone, based on written submissions, in person, or at another
mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. c. Authority of Arbitrator. The arbitrator -- not a court -- shall have
exclusive authority to (i) determine the scope and enforceability of these Terms (including this
Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability,
enforceability, or formation of these Terms (including this Arbitration Agreement), including, but not
limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii)
resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the
Additional Terms, the Pet Care Provider Platform Use Agreement, and/or any other concurrent agreement, to
any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7 (or similar rule
if not arbitrated by the AAA). The arbitration will decide the rights and liabilities, if any, of you and
Petverse Inc. The arbitrator shall have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these
Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award is based, including the
calculation of any damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon you and Petverse Inc. d. Waiver of Jury Trial. YOU AND Petverse Inc HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There
is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited
review. e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE
OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,
REPRESENTATIVE, OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE
PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating
that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for
relief, then the claim must be severed from the arbitration and brought into the federal or state court
located in Santa Clara County, California for adjudication before a judge, not a jury. All other claims
shall be arbitrated. f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of these
Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to:
contact@myponyup.com, within 30 days after first becoming subject to a version of these Terms containing
an arbitration provision. Your notice must include your name and address, your Petverse Inc username (if
any), the email address you used to set up your Petverse Inc account (if you have one), and an
unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of
arbitration, all other parts of this Agreement will continue to apply to you. With the sole exception of
the Pet Care Provider Platform Use Agreement if you are a Pet Care Provider, opting out of arbitration
has no effect on any other arbitration agreements that you may currently have, or may enter in the
future, with Petverse Inc. If you are a Pet Care Provider, a timely opt out of the Arbitration Agreement
in these Terms will also apply to the Mutual Arbitration Provision of the Pet Care Provider Platform Use
Agreement, provided that the opt out would be timely under the terms of the Pet Care Provider Platform
Use Agreement as well. g. Survival of Arbitration Agreement. This Arbitration Agreement will survive the
termination of your relationship with Petverse Inc. h. Modification. Notwithstanding any provision in
these Terms to the contrary, we agree that if Petverse Inc makes any future material change to this
Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming
effective by emailing Petverse Inc a notice of your rejection to contact@myponyup.com. Your rejection of
any such changes shall not affect the enforceability of any prior version of this Arbitration Agreement,
or of any other agreement to arbitrate, that you previously entered into with Petverse Inc. 23. Other
Provisions Under no circumstances will Petverse Inc be held liable for any delay or failure in
performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California,
consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or
provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular
claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or
Services will be filed only in the state or federal courts located in Santa Clara County, California. You
and Petverse Inc consent and submit to the personal jurisdiction of such courts for the purposes of any
such action. YOU AND Petverse Inc HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY
RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES,
THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH Petverse Inc, OR YOUR RECEIPT OF ANY
COMMUNICATIONS WITH Petverse Inc. If any provision of these Terms is found to be unlawful or
unenforceable, then that provision will be deemed severable from these Terms and will not affect the
enforceability of any other provisions. The failure by us to enforce any right or provision of these
Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the
future. We may freely assign our rights and obligations under these Terms, including in connection with a
merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign
any rights or obligations under these Terms without the prior written consent of Petverse Inc and any
purported assignment in violation of this provision shall be null and void.