DISCLAIMER:

1. About these Terms

These Terms govern your access to and use of KUSHPETZ.com and any other website, application, service, platform, digital offering, and/or tool (collectively, the “Sites”) operated by KUSH PETZ or any of its subsidiaries, divisions, or affiliates (collectively, “KUSH PETZ,” “we,” “us,” or the “Company”), as well as your visits to or interaction with us in any of our stores, clinics, hospitals, or elsewhere (together with the Sites, the “Services”). As used herein, the terms “you,” “your,” and “user(s)” refer to all individuals and/or entities accessing or using the Services for any reason. By accessing or using the Services or otherwise providing assent to these Terms, you agree, without limitation or qualification, to be bound by these Terms, by any Additional Terms that may apply (as defined below), and by the KUSH PETZ Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

2. Changes to these Terms

We reserve the right to revise and update these Terms from time to time in our sole discretion. When we make a material change to these Terms, we will provide notice to you by email, by posting the updated Terms on our Sites, or by any other reasonable means, as determined by us in our sole discretion. You will be deemed to have accepted any updates or modifications to these Terms by, among other things, continuing to access or use the Services. We encourage you to check this page frequently to review the Terms currently in effect and any changes that may have been made. If we upgrade, supplement, or replace the Services with additional offerings or features, these Terms will apply to such upgrades.

3. Additional Terms

From time to time, we may present you with additional terms that apply to specific promotions, programs, goods, or services offered by or associated with KUSH PETZ (the “Additional Terms”). In the event that any Additional Terms conflict with these Terms, these Terms will control. In the event that these Terms, or any Additional Terms, conflict with the Privacy Policy, the Privacy Policy shall control.

4. Eligibility

You must be 18 years of age or older to use the Services in any manner. By accessing the Services or otherwise assenting to these Terms, you represent and warrant that you meet these eligibility requirements, and that you have the right, authority, and capacity to agree to and abide by these Terms.

5. Your Account

We may require users to create an account with us in order to access certain Services or areas of the Sites. Your account credentials, such as your username and password, are for your personal, non-commercial use only. You are responsible for maintaining the confidentiality of your account credentials, and for restricting access to your account. You may not provide any other person with access to the Sites or portions thereof via your account. You agree to accept responsibility for all activities that occur under your account credentials. In addition to all other rights available to us, we reserve the right to terminate or disable your account, refuse service to you, remove or edit content, and/or cancel orders made under your account in our sole discretion for any reason or for no reason. You agree that all information you provide to register an account with us, or to otherwise use the Services, is correct, current, and complete.

6. Intellectual Property

The entire contents of the Services, including but not limited to all of the Sites’ information, text, graphics, images, photographs, illustrations, artwork, trademarks, trade names, service marks, logos, icons, videos, music, wallpaper, software, code, features, functionality, and all other materials available through the Sites (including the design, selection, and arrangement thereof) (collectively, the “Materials”), are the property of KUSH PETZ or our authorized suppliers or licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. KUSH PETZ is the owner and/or authorized user of the KUSH PETZ trademark as well as any other registered or unregistered trademarks, trade names, service marks, logos, designs, titles and product names appearing on the Sites or available via the Services, and we are the copyright owner or licensee of the Materials, unless otherwise indicated. All design rights, compilation rights, and other intellectual property rights in and to the Materials (in each case whether registered or unregistered) and related goodwill are proprietary to KUSH PETZ and/or its licensors. To the extent the Sites or Services include open-source components, those components are licensed for use and distribution under applicable open-source licenses. Use of such components is governed by and subject to the terms and conditions of the applicable open-source license.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Services and to make use of the Sites solely for your personal, non-commercial use, and subject at all times to these Terms. Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other intellectual property notice (e.g., trademark, patent, etc.) contained thereon. This license is available to you as long as you are not barred from use of or access to the Sites or Services by applicable law and such use and access has not been terminated by us.

For the avoidance of doubt, this license does not include, and we expressly prohibit any:

• resale or commercial use of any aspect of the Services, Sites, or Materials, including, without limitation, any photographs, product names, listings, descriptions, or prices located thereon;
• use of any metatags or any other “hidden text” utilizing any of our names, trademarks, or any text found in the Materials, without our express written consent;
• use of data mining, robots, data gathering and extraction tools whether automatic or manual, or via other means not purposely made available by us, including to develop or improve any software program, algorithm, or machine learning or artificial intelligence model, without our express written permission; and/or
• downloading, copying, or other use of the Sites or Materials for the benefit of any third party.

In addition, except as otherwise provided in these Terms, you may not copy, modify, publish, republish, distribute, transmit, download, upload, print, display, perform, reproduce, license, post, use, delete, add to, create derivative works of, or otherwise exploit any Materials, in whole or in part, without KUSH PETZ’s express written consent (or the appropriate owner thereof). Further, without the prior written permission of KUSH PETZ, you may not (i) frame, or make it appear that a third-party website, platform, or service is presenting or endorsing, any of the content of the Sites, or (ii) “deep link” to the Sites (i.e., include a link on a website, platform, or service that directs users to any page of the Sites other than a homepage).

Any use of the Materials for any purpose not authorized herein is a breach of these Terms and may be a violation of the intellectual property rights of KUSH PETZ (or other entities as applicable). We reserve the right to take measures to prevent any activities we believe to be a violation of these Terms.

All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. If you do not comply with these Terms, any licenses granted by us to you automatically terminate, and you must immediately destroy any copies you have made of any portion of the Materials. Permission for all uses of the Materials other than as expressly authorized under these Terms must be obtained from KUSH PETZ in advance. Any such request should be submitted via email to updog@kushpetz.com

7. User Submissions

Some of our Sites may allow users to submit, post, link, share, or otherwise make available information and content, including, without limitation, product reviews, comments, or similar interactive features (collectively, “Submissions”). Submissions have not necessarily been reviewed or approved by KUSH PETZ, and therefore, KUSH PETZ makes no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in Submissions belong to the users who shared the content and not to KUSH PETZ. Your reliance on any Submission is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to any Submissions, including your reliance on any such content.

You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, disability, or other characteristic protected by federal law; in violation of local, state, national, or international law; or that infringes on or violates any right of any party. Additionally, you agree that you will not:

• make any Submission that is an advertisement or solicitation of business;
• disrupt the normal flow of dialogue among users, or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form);
• post a chain letter or pyramid scheme;
• impersonate another person;
• distribute viruses, malware, or other technological means whose purpose is to interfere with the use of computers or related systems;
• harvest or otherwise collect information about others without their consent, including email addresses;
• post the same content more than once or otherwise engage in “spamming”; and/or
• engage in any other conduct that restricts or inhibits any other party from using or enjoying the Services, or which, in the exclusive judgment of KUSH PETZ, exposes KUSH PETZ or any of its licensors, partners, or customers to any liability or detriment of any type.

Except as provided herein, as set forth in the applicable Privacy Policy, or as set forth in any Additional Terms, you will retain ownership of any intellectual property rights that you have in your Submissions, but, in exchange for the opportunity to use the Services and submit, post, link, share, or otherwise make available your Submission, you automatically grant—or warrant that the owner of such content has expressly granted—to KUSH PETZ a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise exploit the Submission in any media or medium, in any form, format, or forum now known or hereafter developed, and for any purpose (commercial or otherwise). We may sublicense these rights through multiple tiers of sublicenses. You are solely responsible for your Submissions and the consequences of making a Submission. KUSH PETZ is not required to use any Submission, is not responsible for the consequences of any Submission, and is not responsible or for screening or monitoring Submissions. KUSH PETZ shall have the right—but, to be clear, not the obligation—to monitor, evaluate, analyze, and record any use of and access to the Services and/or to remove or edit any Submissions for any reason, including for non-compliance with (or to determine compliance with) these Terms, all as determined by KUSH PETZ in its sole discretion. Under no circumstances shall KUSH PETZ have any liability to you related to any actions taken (or not taken) with respect to the Submissions of any party. In view of the foregoing license, Submissions shall be treated as non-confidential and may be disseminated or used by KUSH PETZ or its sublicensees in any manner.

8. Unsolicited Ideas

Any ideas, suggestions, know-how, or concepts, including, without limitation, ideas for new products or services or the improvement of existing products or services, that are offered or communicated to KUSH PETZ through the Services (collectively, “Ideas”) will be treated by KUSH PETZ as non-confidential and as Submissions, meaning KUSH PETZ shall be free to use and exploit any Ideas, commercially or otherwise, and with no compensation owed to you, pursuant to the license set forth above. As a result, you should not transmit any Ideas to us that you consider to be confidential.

9. Use Restrictions

You are responsible for your use of the Services; for the consequences of your Submissions, communications, uploads, transmissions and posting of information on or through the Services; and for any use of the Services by anyone using your account or login information. When accessing or using the Services, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate another party’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• use any means to scrape, crawl, or collect data from the Sites;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other code used to provide the Sites;
• rent, lease, lend, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates thereto, or any part thereof;
• use the Services for any purpose that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services;
• attempt to circumvent any technical measure we or our service providers have implemented to protect the Sites;
• transmit any viruses, malware, or other technological means whose purpose is to interfere with the use of computers or related systems;
• attempt to gain unauthorized access to the Services through hacking, password mining, or any other means;
• “mirror” any Materials contained on the Services or any other server; and/or
• assist or encourage any other party in doing any of the above.

10. Contact with Third-Party Applications

The Services may contain hyperlinks to other websites, webpages, texts, graphics, videos, images, music, sounds, and information belonging to or originating from third parties (collectively, “Third-Party Applications”). KUSH PETZ is not responsible for Third-Party Applications accessed through the Services and makes no representations or warranties with respect to the content, ownership, or legality of any such Third-Party Application. We do not investigate, monitor, or review any Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The inclusion of any Third-Party Applications on the Services does not indicate our approval or endorsement thereof; these are provided solely as a convenience to users. Your interactions with a third party via the Services, or based on such third party’s participation or presence on the Services, are solely between you and that third party. If you choose to leave the Services to access any Third-Party Application, you should review their respective terms and privacy policies, and you access those Third-Party Applications at your own risk. You agree that KUSH PETZ shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence or integration of any such third party on the Services.

11. Terms of Sale; Pricing; Offers; Errors

We reserve the right to refuse to allow your use of the Site, or to process or complete any order or transaction for any reason, or for no reason. You may only use the Site or place orders for personal, non-commercial purposes consistent with these Terms. We expressly prohibit purchases for resale purposes, and/or reselling any KUSH PETZ product, service, or offering as part of any commercial business (including any online business), unless you have obtained KUSH PETZ’s prior express written consent.

Purchases are non-refundable except to the extent provided in the applicable return policy. Prices, offers, and product availability are subject to change without notice in KUSH PETZ’s sole discretion. Regular and sale prices, offers, and selections found online may vary from those found, for example, at KUSH PETZ stores and in local KUSH PETZ advertisements. In addition, pricing may vary from store-to-store. Occasionally, we offer special promotions or offers that may include, for example free shipping, discounts, manufacturer offers, or other promotions associated with a purchase. These offers may be for a limited time only and are subject to change without notice. Any and all offers or promotions advertised on the Services are void where prohibited by law, and are subject to the posting of any official rules and/or Additional Terms pertaining to such offers or promotions. Please note that while KUSH PETZ strives to display as accurately as possible the colors of the products shown on the Sites, it cannot guarantee that the colors shown on the Sites exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.

12. Modification, Termination, or Suspension of the Services

KUSH PETZ may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services or any part thereof, temporarily or permanently, without notice or liability to you. KUSH PETZ further reserves the right, in its sole discretion, to terminate your account and/or your access to the Services or any portion thereof without prior notice at any time and for any reason, or for no reason. Upon any such termination, you must destroy any Materials obtained from the Services and all copies thereof. The provisions of these Terms relating to Intellectual Property, User Submissions, Use Restrictions, Mandatory Dispute Resolution (including Arbitration, Class Action Waiver, & Jury Trial Waiver), Disclaimers & Limitation of Liability, Indemnification, and Applicable Law shall survive any termination.

13. Notice and Take Down Procedures

The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting KUSH PETZ at the address identified below and providing the following information:

• Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., the URL) of an authorized version of the work(s);
• Identification of the content that you believe to be infringing, and its location. Please describe the content and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content;
• Your name, address, telephone number, and email address;
• A statement that you have a good faith belief that the complained-of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in this notification is accurate and, “under penalty of perjury,” you are the copyright owner or authorized representative; and
• A signature or the electronic equivalent from the copyright holder or authorized representative.

When we receive a report of copyright infringement, we may give notice of the allegedly infringing content by means of a general notice on the Sites, an email to the responsible user’s address in our records, or written communication sent by first-class mail to that user’s last-known physical address according to our records. If you receive such a notice, you may provide counter-notification at the address identified below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of users who are repeat infringers. Please send all notices (and counter-notices) to KUSH PETZ’s designated copyright agent at the following address:

KUSH PETZ

30 N Gould St
Sheridan, WY 82801

Email: updog@kushpetz.com

14. Mandatory Dispute Resolution (including Arbitration, Class Action Waiver, & Jury Trial Waiver)

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.

• Disputes

Any dispute or claim arising out of or relating to these Terms, your use of the Services, or your relationship with KUSH PETZ or any past, present, or future subsidiaries, parents, affiliates, employees, officers, directors, agents, successors, representatives, or assigns, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration as set forth in these Terms, except that either you or KUSH PETZ may initiate a Dispute in or take a Dispute to small claims court, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.

In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

• Early Resolution Process

You and KUSH PETZ agree to work together in a good-faith effort to informally resolve any Dispute that might arise between us using the early resolution process described herein (“Early Resolution Process”).

The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any Vital Care account information (formerly known as Pals Rewards); (b) contact information (including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief.

The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to updog@kushpetz.com. If KUSH PETZ has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.

For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a KUSH PETZ representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or KUSH PETZ commencing a formal proceeding in arbitration or small claims court.

If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration or to raise non-compliance with a AAA process arbitrator. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration or a small claims court proceeding if a Dispute is not resolved through this Early Resolution Process.

• Arbitration Procedures

The arbitration of any Dispute shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration, as applicable (“AAA Rules”), as modified by this arbitration provision and these Terms. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocol is final, and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to conduct the arbitration consistent with this arbitration provision and these Terms, the parties shall agree on a replacement arbitration administrator that will do so. If the parties cannot agree on a replacement arbitration administrator, they shall petition a court of competent jurisdiction to appoint an arbitration administrator that will conduct the arbitration consistent with this arbitration provision and these Terms.

An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to KUSH PETZ and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a KUSH PETZ representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these Terms as a court would.

IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

• Costs of Arbitration

Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

• Additional Procedures for Mass Arbitration

You and we agree that the following “Additional Procedures for Mass Arbitration” (in addition to the other provisions of Section 16) shall apply if you choose to participate in a Mass Arbitration (as defined below).

If twenty-five (25) or more similar Disputes (including yours) are asserted against KUSH PETZ by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

• STAGE ONE: If at least one hundred (100) Disputes are submitted as part of a Mass Arbitration, counsel for the claimants and counsel for KUSH PETZ shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and KUSH PETZ shall pay the mediator’s fee.
• STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for KUSH PETZ shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and KUSH PETZ shall pay the mediator’s fee. Upon the completion of the mediation set forth in this Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process.

A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.

These Additional Procedures for Mass Arbitration are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

• Opting Out of the Arbitration Provision

KUSH PETZ’s updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed to and did not validly opt out of arbitration. KUSH PETZ will continue to honor any valid opt outs if you previously opted out of arbitration with KUSH PETZ. To opt out of arbitration, you must send a personally signed, written notice via U.S. Mail to KUSH PETZ mailing address and via email to updog@kushpetz.com, and you must provide the following information: (a) your name, (b) your address, (c) your phone number, and (d) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be sent within thirty (30) days after the date you first become subject to this arbitration provision. If you opt out of this agreement to arbitrate, all other provisions of these Terms, including other provisions of the Mandatory Dispute Resolution section, will continue to apply to you. Opting out has no effect on any other arbitration agreements or provisions that you may have entered into with KUSH PETZ or may enter into in the future with KUSH PETZ.

• Class Action Waiver; Jury Trial Waiver

YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KUSH PETZ WAIVE THE RIGHT TO A JURY TRIAL.

15. Disclaimers & Limitation of Liability

The Services, Sites, and Materials available thereon are provided for informational purposes only. Use of the Services, Sites, and Materials is at your own risk.

THE SERVICES, SITES, AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. KUSH PETZ DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KUSH PETZ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUSH PETZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KUSH PETZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

KUSH PETZ ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIALS OR CONTENT VIA THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KUSH PETZ ASSUMES NO AND DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, WARRANTY, STATUTE, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KUSH PETZ HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING FROM THE SERVICES OR ANY ACT OR OMISSION BY KUSH PETZ, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS, ANY APPLICABLE ADDITIONAL TERMS, OR THE PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUSH PETZ’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE TOTAL AMOUNT YOU HAVE PAID KUSH PETZ IN THE IMMEDIATELY PRECEDING 12 MONTHS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST PROVIDE NOTICE TO KUSH PETZ, PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 16, OF ANY CLAIM WITHIN ONE (1) YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

16. Indemnification

To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold KUSH PETZ and its respective officers, directors, employees, agents, information providers, licensors, licensees, and partners harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your use of the Services, or your violation of these Terms, the Privacy Policy, or any Additional Terms. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

17. Applicable Law

These Terms are governed in accordance with the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply. To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and KUSH PETZ hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Southern District of California for the adjudication or disposition of any claim, action or dispute arising out of the Services or these Terms, including the Privacy Policy. You hereby waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (a) inconvenient forum, or (b) any other basis or any right to seek to transfer or change venue of any such action to another court. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 16 (Mandatory Dispute Resolution). Except as provided in Section 16 (Mandatory Dispute Resolution), if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed or construed a further or continuing waiver of such term or condition; of any other term or condition; or of any proceeding or succeeding breach of any provision in these Terms.

18. International Use

We control and operate the Services from our office in the United States, and all information is processed within the United States. We do not represent that the Services are legal, appropriate or available for use in other locations. Those who choose to access the Services from outside the United States do so voluntarily and at their own risk, and are solely responsible for compliance with their local laws. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. No information from the Services may be downloaded or otherwise re-exported (a) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

19. Notice to Colorado Residents

If you are a resident of Colorado, the table in Section 1 of our Privacy Policy describes the categories of personal information that we collect and process for targeted advertising via our current loyalty programs (Vital Care Core and Vital Care Premier). Section 5 of the Privacy Policy describes the categories of third parties that receive personal information as a result of your participation in our loyalty programs. In addition, Section 6 of the Privacy Policy discloses how we share certain information with data brokers to supplement or verify our customer records and improve our marketing. Third parties that provide benefits to our program participants, and the benefits made available to participants, change regularly and frequently. For questions about benefits provided by third parties, please contact us at updog@kushpetz.com. If you request deletion of your personal information under applicable privacy laws pursuant to procedures set forth in our Privacy Policy, we cannot maintain your membership in our loyalty programs because we need your contact information in order to issue and deliver the rewards, credits, and perks you earn under the programs.

20. General

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of KUSH PETZ on the Services, or in any Additional Terms, these Terms and the Privacy Policy constitute the entire agreement between you and KUSH PETZ with respect to the use of the Services. You confirm that you have not relied on any representation except as expressly set forth or incorporated herein, and you agree that you shall have no remedy with respect to any such representation not expressly included in or incorporated into these Terms.

21. Contact Information

If you have any questions regarding these Terms, please contact us using the information below. KUSH PETZ is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

KUSH PETZ

30 N Gould St
Sheridan, WY 82801
Email: updog@kushpetz.com