Effective Date: October 8, 2021 Last Updated: March 21, 2025

Modern Animal, Inc. ("Modern Animal") helps pet owner clients ("Clients" "user""you" or "your") who desire veterinarian services for their pet by providing you with a platform for you to communicate with our community of licensed veterinarians and registered veterinary technicians ("Experts") that are employed or contracted by Modern Animal or by affiliated professional entities (the "Practices") (Modern Animal and the Practices together, "we," "us," or "our").

Please read these Terms of Service (the "Terms") and our Privacy Notice (www.modernanimal.com/privacy) ("Privacy Notice") carefully because they govern your use of the website located at www.modernanimal.com (the "Site") corresponding mobile application (the "App"), the Membership (defined below), and our platform veterinary services (collectively, the "Services").

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MODERN ANIMAL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. BY PLACING A CHECK MARK NEXT TO THE BOX "ACCEPT", YOU ARE ACCEPTING THESE TERMS. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND BIND YOURSELF TO THE TERMS AND ACKNOWLEDGE AND AGREE THAT ALL SUCH USE BY YOU IS SUBJECT TO THESE TERMS. If you do not agree to these Terms (or are not authorized to bind yourself), you are prohibited from using the Services.

2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Services.

(a) Your Relationship with Modern Animal. Modern Animal acts as the technology provider to provide you with the products and services offered through the Services, including connecting you with the Practices and Experts.  You acknowledge that the Experts that provide you with the Services may be engaged directly by Modern Animal and/or the Practices, and in connection with such affiliation, Modern Animal and/or such Practices may have a financial interest in each other.

(b) Membership. If available at your location, you may register for our membership program on our Services, including on the Site, App, or at a kiosk at one of our veterinary clinics ("Clinic"). A description of our membership services is described at www.modernanimal.com/membership ("Membership"). If you register for Membership, you will have the ability to talk to our Experts by video on the Site. By using our communication tools on the Services to speak to one of our Experts, you consent to be videotaped and recorded via the Services. The Membership term shall commence the day that your Membership is paid therein activating your access to talk with our Experts on the Services and shall end 12 months from the anniversary date and shall thereafter be automatically renewed, unless you terminate your Membership agreement 30 days prior to the end of the then-current term pursuant to the terms set forth in Section 13.

(c) No Veterinary-Client Relationship. Modern Animal does not interfere with the practice of veterinary medicine or other licensed professional services by Practices or any Experts. Answers from our Experts on the platform are provided by professionals and are used by Clients for general information purposes only, not as a substitute for in-person animal evaluation or specific veterinary professional. A veterinarian-client-relationship ("Veterinarian-Client Relationship") is defined by the American Veterinary Medical Association. Our Experts do not intend to form a Veterinarian-Client Relationship with users of the Services until your pet has had its first exam at one of our Clinics. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits.

(d) Virtual Care. As part of the Services, Modern Animal offers virtual registered veterinary services provided by Experts to you. The term “virtual care” or “virtual visit” may refer to veterinary services that are provided to you in one location by a professional in a distant location facilitated through the use of some form of telecommunications technology, such as synchronous, interactive audio-video interfaces and/or asynchronous store-and-forward modalities. Virtual care technologies may also involve the electronic transmission of animal records, images, animal health information, or other data between you, your pet, and a veterinary care provider. The information exchanged between Experts and you may be used for diagnosis, therapy, treatment, follow-up care, consultation, education, and/or care management.

(e) Risks. As with any type of veterinary care services, there are potential risks associated with use of virtual care services, including the care provided through the Services:

(i) Information available to the Experts may not be sufficient to make a correct diagnosis or other professional decisions. For example, there could be limitations in the information transmitted to the Expert and access to your pet’s complete animal records, which could lead to incorrect assessments or other adverse reactions. Also, information that can be obtained only by in-person, physical examination or by being physically present with the pet will not be available. In some cases, the Expert may conclude that the information transmitted is not sufficient (e.g., poor resolution of images) or on some other basis the nature of your issue is such that it does not allow for the Services to be provided appropriately by the Expert without an in-person evaluation.

(ii) The Services rely on electronic communications devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay, or erase Modern Animal’s and its Experts’ ability to assist you. These limitations could result in incorrect assessment or diagnosis, which in turn could lead to care that is not helpful, or that could be harmful or cause other problems. Experts providing the Services through the Site or App are aware of these limitations and take them into account in making professional decisions within the scope of their practice as a registered veterinarian, but the risk of error nevertheless exists.

(iii) Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of information, those protocols could fail, and there could be a breach of privacy of your personal information. Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures employed by the Services. Please see our Privacy Notice.(iv) In some cases, applicable laws may prevent Experts from providing the Services you desire through the Site or App. When that is the case, the Expert will refer you to an appropriate provider who can provide the services you desire.

4. Changes to the Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Services and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. By clicking "Accept", you are accepting the updated Terms. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

5. Who May Use the Services? You may use the Services only if you are 18 years or older and capable of forming a binding contract with Modern Animal, and not otherwise barred from using the Services under applicable law.

6. One-Time Payments and Membership Subscriptions.(a) General. Whether you make a One-Time Payment or purchase a Membership (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. You must pay the agreed-upon amount for our Services and/or Membership. The fee for an annual membership for Membership is set forth at www.modernanimal.com/membership ("Fees"). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). All fees and applicable taxes, if any, are payable in United States dollars.

(b) Membership Subscriptions.  BY PURCHASING AN ANNUAL MEMBERSHIP SUBSCRIPTION, YOU AUTHORIZE MODERN ANIMAL TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Membership, we (or our third-party payment processors) will automatically charge you each year on the anniversary of the commencement of your Membership, using the Payment Information you have provided. Auto-renewal will remain in effect until withdrawn by you or terminated by Modern Animal. You can stop auto-renewal of your Membership by sending an email to hello@modernanimal.com notifying us of your intent to terminate your membership. Your withdrawal must be received by Modern Animal at least thirty (30) days before your renewal date to be effective with respect to the next billing cycle. No less than fifteen (15) days and no more than thirty (30) days before your term ends, or otherwise in accordance with applicable law, Modern Animal will send you a reminder with the then-current Fee. By agreeing to these Terms and electing to purchase a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or Modern Animal. Membership services are intended and authorized only for personal, non-transferrable, not-for-resale use only.

(c) Responsibility for Payment. Client shall pay Modern Animal the Fees due upon the acceptance of these terms, annual renewal date, and/or invoice date as applicable without offset or deduction. You shall make all payments hereunder on or before the due date. If you fail to make any payment when due, without limiting Modern Animal's other rights and remedies: (i) Modern Animal may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) you shall reimburse Modern Animal for all costs incurred by Modern Animal in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for 30 days or more, Modern Animal may suspend your access to any portion or all of the Services until such amounts are paid in full. You are responsible for all fees, including taxes, service, and processing fees, associated with your use of the Service.

(d) No Refunds. Subject to subsection (f) below, all Membership Fees are non-refundable, and memberships that are cancelled in the middle of the payment period will not have prorated billing, refunds or other credits. To cancel a Membership, you must contact us in accordance with the terms outlined in Section 13.

(e) Price and Scope Changes. Modern Animal reserves the right to change the prices and, as applicable, the scope, of the Services at its discretion and without advance notice. Notwithstanding the foregoing, Modern Animal will provide advance notice of the then-current Membership Fees in accordance with Section 6(b).

(f) Special Incentives and Promotions. Modern Animal maintains the right to initiate special incentive pricing, membership, other programs, and related terms. These may be limited, at Modern Animal's sole discretion, to defined and limited users. Any promotional monies or credits placed into Client accounts by Modern Animal for use towards such benefits on the Services remain the property of Modern Animal (they never become the property of Client and never become refundable to you), and unless otherwise stated on the Services or in an email to you, will be usable only for thirty (30) days.

(g) Receipt of Special Offers and Other Communications. By accepting these Terms, you agree to receive coupons, special offers, and other communications from Modern Animal per the terms of the Privacy Notice. You may modify this setting by making the relevant changes to your Modern Animal profile.

7. User Content.(a) Responsibility for User Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as ("Content"). You are solely responsible for the Content thereof, and any harm resulting from, any Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your Content.

(b)Right to Post. You represent and warrant that you have the right to post all Content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to Use Content and have taken all steps necessary to pass through to end users any required terms.

(c) Modern Animal May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any Content is appropriate and complies with these Terms, or refuse or remove any Content that, in our reasonable opinion, violates any Modern Animal policy or is in any way harmful, inappropriate, or objectionable. Modern Animal further reserves the right to make formatting and edits and change the manner any Content is displayed on the Site.

(d) Ownership of User Content. Except for Content that originates from Modern Animal, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for the Content you post. You may control access to your Content through settings in your user account.

(e) No Authorization to Use Third Party Content. These Terms do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by Modern Animal's Terms.

8. Third Party Content.(a) Access to Third Party Content. By using the Service, you may have to access Content belonging to or originating from third parties ("Third Party Content"). You are consenting that Modern Animal may present such Third-Party Content to you. You acknowledge all responsibility for, and assume all risk for, your use of Third-Party Content.

(b) No Responsibility for Third Party Content. As part of the Service, Modern Animal may provide you with convenient links to third party website(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party websites or content or the promotions, materials, information, goods or services available on them. By linking to such content, we do not represent or imply that we adopt or endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Modern Animal. We are not responsible for any Third-Party Content accessed through our Site. If you decide to leave the Site and access Third Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any such content.

(c) No Authorization to Use Third Party Content. These Terms do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by Modern Animal's Terms.

9. Intellectual Property Notice.(a) Ownership of Intellectual Property. Modern Animal retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.

(b) No Transfer. Modern Animal retains ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Site and the Service may be the trademarks of other third parties. This agreement does not transfer from us to you any Modern Animal or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this agreement.

(c) Trademarks. Specifically, Modern Animal, and all other trademarks that appear, are displayed, or are used on the Site or as part of the Service are registered or common law trademarks or service marks of Modern Animal. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Modern Animal, except as an integral part of any authorized copy of the Content.

(d) Feedback. If you or any of your representatives, contractors, and agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the veterinary Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your representatives, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

10. Rights and Terms for Apps(a) App License. If you comply with these Terms, Modern Animal grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store. This Section 10(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

11. General Prohibitions and Modern Animal’s Enforcement Rights. You agree not to do any of the following:(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services or any individual element within the Services, Modern Animal’s name, any Modern Animal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Modern Animal’s express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Modern Animal’s computer systems, or the technical delivery systems of Modern Animal’s providers;

(d) Attempt to probe, scan or test the vulnerability of any Modern Animal system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Modern Animal or any of Modern Animal’s providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Modern Animal or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Modern Animal trademark, logo URL or product name without Modern Animal’s express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n)  Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Modern Animal is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including user Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

12. DMCA/Copyright Policy. Modern Animal respects copyright law and expects its users to do the same. It is Modern Animal’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Modern Animal’s Copyright Policy at [link], for further information.

13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email to hello@modernanimal.com. Upon any termination, discontinuation or cancellation of the Services or your account, all provisions of this agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination of your account, the following Sections will survive: Sections 6(a), 6(b), 6(c), 6(d), 7(a), 7(c), 11, 13, 14, 15, 16, 17, 18, and 19.

14. Warranty Disclaimers. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

15. Indemnity. You agree to indemnify, defend and hold harmless Modern Animal, its officers, managers, owners, employees, agents, designees, users, successors, assigns, and service providers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (i) any violation of this agreement by you; (ii) the inaccurate or untruthful Content or other information provided by you to Modern Animal or that you submit, transmit or otherwise make available through the Service; or (iii) any intentional or willful violation of any rights of another or harm you may have caused to another. Modern Animal will have sole control of the defense of any such damage or claim.

16. Limitation of Liability.(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MODERN ANIMAL NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MODERN ANIMAL OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MODERN ANIMAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE EQUIVALENT OF ONE (1) MONTH OF THE FEES PAID BY CLIENTS.(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MODERN ANIMAL AND YOU.

17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 18 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Modern Animal are not required to arbitrate will be the state and federal courts located in Los Angeles County, California, and you and Modern Animal each waive any objection to jurisdiction and venue in such courts.

18. Dispute Resolution.  (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Modern Animal agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Modern Animal are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 18 (a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearing will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND MODERN ANIMAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

19. General Terms.(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Modern Animal and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Modern Animal and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Modern Animal’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Modern Animal may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(b) Notices. Any notices or other communications provided by Modern Animal under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(c) Waiver of Rights. Modern Animal’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Modern Animal. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Contact Information. If you have any questions about these Terms or the Services, please contact Modern Animal at  hello@modernanimal.com.

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