Modern Animal, Inc.
Terms of Services

Effective Date: January 20, 2020
Last Updated: January 20, 2020

Modern Animal, Inc. ("Modern Animal") helps pet owner clients ("Clients" "user" "you" or "your") who desire veterinarian services for their pet.

These Terms of Services ("Terms") govern the Modern Animal platform veterinary services ("Services") that allow you to connect and exchange information using our website at ModernAnimal.com ("Website") and the Modern Animal Application (collectively, the Services, Website and App means "Site"). Modern Animal's Privacy Policy is incorporated herein by reference and are a part of these Terms. PLEASE READ THESE TERMS CAREFULLY.

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 CONDITIONS OF THESE 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 Site.

  1. Services

    1. In General, Services

      The Service is a platform for you to communicate with our virtual community of licensed veterinarians and registered veterinary technicians ("Experts"). Our Service provides communication tools that (i) allow you the ability to speak to one of our Experts by video and post questions on the Site and (ii) allow our Expert's the ability to respond to the video and record your discussion with our Expert.

    2. No Veterinary-Client Relationship

      Answers from our Experts on the Site are provided by professionals and are to be used by Clients for general information purposes only, not as a substitute for in-person animal evaluation or specific veterinary professional. A veterinarian-client-patient-relationship ("Veterinarian-Client Relationship") is defined by the American Veterinary Medical Association. Our Experts do not intend to form a Veterinarian-Client Relationships with users of the Site 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.

    3. Membership

      If available at your location, you may register for our membership program on our Website, 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 Services"). If you register for Membership Services, you will have the ability to talk to our Experts by video on the Site. By using our communication tools on the Site to speak to one of our Experts, you are consenting to be videotaped and recorded via the Site. The membership term shall commence the day after your first visit at one of our clinics 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 10 a.

    4. Modern Animal Does Not Guarantee Results

      From time to time, Clients may submit reviews of Modern Animal; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any Services online or in our Clinics. Modern Animal will have no responsibility or liability of any kind for any generated Content (as defined below) on or through the Site or at our Clinics, and any use or reliance on user generated Content is solely at your own risk. "Content" refers to content featured or displayed through the Site, including without limitation text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. Content includes, without limitation, user generated Content, which may be submitted by you or any user of the Site.

  2. Your Responsibilities

    1. User Account and Security

      If you register for an account to use our Service as a visitor of the Site and/or you register for our Membership Services at a kiosk at one of our locations, you will create a personal account to receive messages from Modern Animal. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Modern Animal immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.

    2. No Reliance on User Generated Content

      User generated Content posted on the Site, such as blog posts, is provided for informational purposes only, with no assurance that the user generated Content is true, correct, or accurate. User generated Content is not a substitute for advice a normal regarding specific veterinary services. You should not delay or forego seeking veterinary services for your pet based on any Modern Animal or user generated Content.

    3. Compliance with Laws

      You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this agreement; (ii) your use of the Service will be solely for purposes that are permitted by these Terms; (iii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Service will comply with all local, state and federal laws, rules, and regulations, and with all other Modern Animal policies.

  3. Use and Conduct Restrictions

    1. Prohibited Content

      You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:

      1. is unlawful or promotes unlawful activity;

      2. defames, harasses, abuses, threatens, or incites violence towards any individual or group;

      3. is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

      4. is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

      5. contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

      6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;

      7. impersonates any person or entity, including any of our employees or representatives; or

      8. violates the privacy of any third party.

    2. Users Must Be Over Age 18

      You represent that you are over the age of 18. Modern Animal does not target our Content to children or teenagers under 18, and we do not permit any users under 18 on our Service. If we learn of any user under the age of 18, we will terminate that user's account immediately.

    3. No Liability for User Interactions; Modern Animal May Monitor Interactions

      Any liability, loss or damage that occurs as a result of any user interactions, including, without limitation, any posted information regarding animal care or products, that you input or receive through your use of our Service is solely your responsibility. At our discretion, we may monitor and/or record your general interactions with the Service.

    4. Right to Terminate Accounts

      We have the right (though not the obligation) to, in our sole discretion, determine whether or not any user conduct is appropriate and complies with these Terms, or terminate or deny access to and use of the Service to any user for any reason, with or without prior notice.

  4. User Content

    1. Responsibility for User Content

      You may create Content, written or otherwise, while using our Service. 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.

    2. 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.

    3. 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.

    4. 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.

    5. License Grant

      Solely to allow Modern Animal to use Content you upload to the Service, you grant Modern Animal and our successors a worldwide, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Modern Animal's business purpose.

  5. Third Party Content

    1. 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.

    2. 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.

    3. 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.

  6. Copyright Infringement and DMCA Policy

    1. Termination of Repeat Infringer Accounts

      Modern Animal respects the intellectual property rights of others and requests that our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user's access to and use of the Site if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Modern Animal or others. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

    2. DMCA Take-Down Notices

      If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending a properly formatted take-down notice in writing to Modern Animal's designated copyright agent at 8122 Beverly Blvd, Los Angeles, CA.

    3. Response to DMCA Take-Down Notices

      If Modern Animal takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to Modern Animal.

    4. Counter-Notices

      If you believe that your Content that has been removed from the Site 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 the content you submitted to the Site, you may send a properly formatted counter-notice to Modern Animal's copyright agent using the contact information set forth above.

    5. Response to DMCA Counter-Notices

      If a counter-notice is received by Modern Animal's copyright agent, Modern Animal may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Site in 10 to 14 business days after receipt of the counter-notice.

  7. Intellectual Property Notice

    1. Ownership of Intellectual Property

      Modern Animal retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.

    2. 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.

    3. 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.

    4. 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.

  8. Email Communications

    1. Electronic Communications Required

      For contractual purposes, you (i) consent to receive communications from Modern Animal in an electronic form via the email address you have submitted or via the Service; and (ii) agree that all Terms, agreements, notices, disclosures, and other communications that Modern Animal provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights.

    2. Legal Notice to Modern Animal Must be in Writing

      Communications made through email or the Service's private messaging system will not constitute legal notice to Modern Animal or any of our officers, employees, agents or representatives in any situation where notice to Modern Animal is required by contract or any law or regulation.

  9. Termination

    1. You May Terminate this Agreement

      If you wish to terminate this agreement or your account, you may simply discontinue using the Site. If you wish to delete your user account data, please Contact Us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and delete your full profile within 30 days.

    2. Modern Animal May Terminate this Agreement

      Modern Animal may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

    3. Some Provisions Survive Termination

      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.

  10. Payments, No Refunds, Specials

    1. Payment Process

      The Client must pay the agreed-upon amount for our Services and/or Membership Services. The fee for an annual membership for Membership Services are set forth at www.modernanimal.com/membership ("Fees"). The Fee is automatically charged to your payment source provided on the Site. Auto-renewal will remain in effect until withdrawn by you or terminated by Modern Animal. You can stop auto-renewal of your Membership Services by contacting us. Your withdrawal must be received by Modern Animal at least 30 days before your renewal date to be effective with respect to the next billing cycle. Membership Services are intended and authorized only for personal, non-transferrable, not-for-resale use only.

    2. Responsibility for Payment

      Client shall pay Modern Animal the Fees within thirty (30) days from the invoice date 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, in accordance with Section 2(g), 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.

    3. No Refunds

      All Membership Service Fees are non-refundable. Membership Services 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.

    4. Special Incentives and Promotions

      Modern Animal maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Modern Animal's sole discretion, to defined and limited users. Any promotional monies or credits placed into Customer accounts by Modern Animal for use towards Site Access Benefits on the Site remain the property of Modern Animal (they never become the property of Pet Owner and never become refundable to you), and unless otherwise stated on the Site or in an email to you, will be usable only for thirty (30) days.

    5. 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 Policy. You may modify this setting by making the relevant changes to your Modern Animal profile.

  11. Disclaimer of Warranties

    YOU UNDERSTAND AND AGREE THAT ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT MODERN ANIMAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY SUCH SERVICE. MODERN ANIMAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR MODERN ANIMAL COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

  12. Release

    As set forth in Section 1(d), users are responsible for their acts and omissions and content placed on the Site. Modern Animal will not be liable to you or any users for any Services (whether oral or written) provided through the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A TELEPHONE INTERACTION BETWEEN USER AND OUR EXPERT, OR A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT. Emergency questions and crisis situations concerning your animal should be directed immediately by telephone or a veterinarian professional in person.

  13. Limitation of Liability

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MODERN ANIMAL BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (I) THE USE, DISCLOSURE, OR DISPLAY OF ANY CONTENT ON THE SITE AND YOUR USER CONTENT; (II) YOUR USE OR INABILITY TO USE THE SERVICE; (III) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (IV) ANY OTHER INTERACTIONS WITH MODERN ANIMAL OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MODERN ANIMAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. MODERN ANIMAL WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. TO THE EXTENT MODERN ANIMAL IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS OR THE USE OF THE SERVICE, MODERN ANIMAL'S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF THE FEES PAID BY CLIENTS.

  14. Indemnification

    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.

  15. Confidential Information

    From time to time during the Term, Modern Animal and Pet Owner may disclose or make available to the other party information about its business affairs, products, confidential records, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party's Confidential Information to any person or entity, except to the receiving party's employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under this agreement, including to make required court filings. Each party's obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.

  16. Modification of Terms

    Modern Animal may amend this agreement from time to time, and in Modern Animal's sole discretion. We will provide notification to users of material changes to these Terms (i) by sending a notice to the primary email address specified in your account, which will take effect immediately upon our sending of this email, and/or (ii) through our Site at least 30 days prior to the change taking effect by posting a notice on our home page. Non-material changes to these Terms will take effect immediately. We encourage visitors to frequently check this page for any changes to these Terms. Your continued use of the Service after the effective date of a revised version of these Terms constitutes your acceptance of its terms.

  17. Dispute Resolution and Arbitration Agreement

    1. Pre-Arbitration Dispute Resolution and Notification

      Prior to initiating an arbitration, you and Modern Animal each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Modern Animal's customer service team by emailing us at hello@modernanimal.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

    2. Agreement to Arbitrate

      You and Modern Animal mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Modern Animal Service (collectively, "Disputes") will be settled by binding arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Modern Animal agree that the arbitrator will decide that issue.

    3. Arbitration Hearing/Location

      In order to make the arbitration most convenient to you, Modern Animal agrees that any required arbitration hearing may be conducted, at your option, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

    4. Attorney's Fees and Costs

      You and Modern Animal each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.

    5. Arbitrator's Decision

      The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.

    6. Jury Trial Waiver

      You and Modern Animal acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

    7. No Class Actions or Representative Proceedings

      You and Modern Animal acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Modern Animal both otherwise agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

    8. Severability

      In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

  18. Changes

    Notwithstanding the provisions ("Modification of these Terms"), if Modern Animal changes this Section ("Dispute Resolution and Arbitration Agreement") after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Modern Animal's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Modern Animal in accordance with the provisions of the Dispute Resolution and Arbitration Agreement section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

  19. Miscellaneous

    1. Governing Law

      Except to the extent applicable law provides otherwise, this agreement between you and Modern Animal and any access to or use of the Site or the Service are governed by the federal laws of the United States of America and the laws of the State of Florida, without regard to conflict of law provisions. You and Modern Animal agree to submit to the exclusive jurisdiction and venue of the courts located in the City of San Diego and San Diego County, California.

    2. Severability

      If any part of this agreement is held invalid or unenforceable, that portion of the agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Modern Animal to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.

    3. Limitation of Term of Action

      You agree that any cause of action related to or arising out of your relationship with Modern Animal must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

    4. Non-Assignability

      We may assign or delegate this agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without Modern Animal's prior written consent, and any unauthorized assignment and delegation by you is void. If we are involved in a merger or we are bought, we may transfer this agreement, as long as your rights are protected.

    5. Complete Agreement

      These Terms, together with the Privacy Policy at www.modernanimal.com/privacy, represent the complete and exclusive statement of the agreement between you and Modern Animal. This agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Modern Animal relating to the subject matter of this agreement. This agreement may only be modified by a written amendment signed by an authorized Modern Animal executive, or by the posting by Modern Animal of a revised version.

    6. Section Headings and Summaries Non-Binding

      Throughout this agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

    7. Authorization to Contract

      You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service.