Save My Fur Baby Terms of Use

1. AGREEMENT AND ACCEPTANCE

These Terms of Service (“Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and SAVE MY FUR BABY INC., a Florida not-for-profit corporation (“Company,” “we,” “us,” or “our”), organized under Florida Statute Chapter 617. This Agreement governs your access to and use of the Company’s website, services, applications, and QR code products (collectively, the “Services”).

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

SAVE MY FUR BABY INC. RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS OF SERVICE AT ANY TIME. The most current version will always be posted on our website. If we make material changes to these Terms, we will provide notice through our website or by other means as appropriate. BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS.

2. DEFINITIONS

“QR Code” means the machine-readable code generated by the Company that, when scanned, provides access to information about pets registered with the Service.

“Pet Information” means the information provided by you about your pets, including but not limited to medical conditions, vaccination records, veterinary contact information, and owner contact details.

“First Responders” means emergency personnel, including but not limited to police officers, firefighters, paramedics, animal control officers, and other emergency services personnel who may scan the QR code in an emergency situation.

“Starter Kit” means the initial subscription package that includes the QR code products (physical tags, collar attachments, stickers, and identification cards) and a twelve (12) month subscription to the Services.

“Subscription” means the ongoing service that maintains the functionality of the QR codes and access to the Pet Information.

3. SERVICES DESCRIPTION

SAVE MY FUR BABY INC. provides QR code products and related services designed to store information about pets that can be accessed by first responders in emergency situations. The QR codes, when scanned by a standard QR code reader on a mobile device or computer, provide access to the Pet Information that you have provided about your pets.

The QR codes are designed to be attached to walls, doors or other items associated with your pets. In the event of an emergency, first responders who scan the QR code will have immediate access to critical information about your pet that may assist in providing appropriate care or contacting you.

IMPORTANT LIMITATION: The effectiveness of the Services depends on: (1) the accuracy and completeness of the Pet Information you provide; (2) the physical presence and readability of the QR code; (3) the ability and willingness of first responders to scan the QR code; and (4) the availability of compatible technology and internet connectivity to access the Pet Information. The Company does not guarantee that first responders will scan the QR codes or use the Pet Information in any particular manner.

SUPPLEMENTAL IDENTIFICATION: The Services are intended to supplement, not replace, traditional pet identification methods such as microchips, ID tags, and collars. We strongly recommend that you continue to use these traditional methods alongside our QR code system.

4. ACCOUNT REGISTRATION AND PET ENROLLMENT

4.1 Account Creation

To use the Services, you must create an account by providing certain information and establishing a username and password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Pet Enrollment

Upon creating an account and purchasing or receiving a Subscription, you may enroll up to ten (t10) pets in the Services. You are solely responsible for the accuracy, completeness, and updating of all Pet Information provided. The Company is not responsible for verifying the accuracy of any Pet Information you provide.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this section.

4.4 Multiple Pet Owners and Authorized Users

If a pet has multiple owners or caretakers who need access to the same pet’s information, the primary account holder may authorize additional users to access and manage specific pet profiles. The primary account holder:

Remains responsible for all activities conducted by authorized users;

• May revoke access privileges for authorized users at any time;
• Acknowledges that authorized users will have access to all Pet Information for the pets they are authorized to view; and
• Agrees to resolve any disputes regarding pet ownership or information access directly with other authorized users.
• In the event of a dispute between multiple users claiming ownership of the same pet, the Company reserves the right to:
• Freeze access to the disputed pet profile until the dispute is resolved;
• Request documentation verifying pet ownership;
• Make a determination regarding account access based on available information; or
• Remove the pet profile entirely if the dispute cannot be resolved.

The Company is not responsible for mediating or resolving disputes between users regarding pet ownership or information access.

5. SUBSCRIPTION AND PAYMENT TERMS

5.1 Starter Kit and Initial Subscription

The Starter Kit includes a twelve (12) month subscription to the Services and the following physical items:

• (2) Weatherproof QR code Entryway stickers
• (2) Wallet-sized pet identification cards with QR codes
• Instructions for activating and using the Services

The subscription period begins on the date of your initial purchase or activation, whichever occurs first.

5.2 Renewal and Payment Options

After the expiration of the initial twelve (12) month period, you may continue your subscription by selecting one of the following payment options:

• $2.00 plus processing fees billed monthly
• $12.00 plus processing fees billed annually

All prices are in U.S. dollars and do not include applicable taxes, which may be added to the total amount due.

5.3 Automatic Renewal

NOTICE OF AUTOMATIC RENEWAL: Unless you cancel your subscription in accordance with Section 5.6, your subscription will automatically renew at the end of each subscription period at the then-current rate for the payment option you have selected. By agreeing to these Terms of Service, you authorize the Company to charge your payment method on file for the renewal subscription fees.

In accordance with Florida Statute § 501.165, we provide this clear and conspicuous disclosure of the automatic renewal terms. You may cancel your subscription at any time as described in Section 5.6.

5.4 Price Changes

The Company reserves the right to change subscription prices at any time. If we change the subscription price, we will provide notice of the change on our website or by email at least thirty

days prior to the effective date of the price change. The price change will take effect at the start of the next subscription period following the date of the price change. Continued use of the Services after the price change takes effect constitutes acceptance of the new price.

5.5 Gift Subscriptions

Subscriptions to the Services may be gifted or sponsored by third parties, such as realtors. If you receive a gift subscription:

• The gifting party (e.g., realtor) may elect to continue paying for your subscription after the initial twelve (12) month period.
• If the gifting party elects not to continue payment, you will be notified at least thirty (30) days prior to the expiration of your current subscription period and given the opportunity to continue the subscription using your own payment method.
• If neither the gifting party nor you elect to continue payment, the subscription will terminate at the end of the current subscription period.

Gifting parties may receive recognition within the Services, including but not limited to:

• Acknowledgment as the gift provider in communications to the gift recipient;
• Optional branding on digital pet profile pages (subject to Company approval);
• Periodic updates on the active status of gifted subscriptions; and
• Marketing materials to promote their participation in the gift program.

*The gifting party must obtain consent from the gift recipient before providing their contact information to the Company. The Company is not responsible for disputes between gifting parties and gift recipients regarding the continuation or termination of gift subscriptions.

*The Company will not have any contact information of the gift recipient until the PO enters the information themselves

5.6 Cancellation

You may cancel your subscription at any time by providing at least one (1) month’s notice prior to the end of your current subscription period. Cancellation will be effective at the end of your current subscription period. To cancel, you must follow the cancellation procedures provided on our website or contact our customer support at the address provided in Section 21.9

5.7 No Refunds

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. No refunds will be provided for any subscription fees paid, regardless of whether you use the Services during the subscription period or whether you cancel your subscription before the end of a subscription period.

5.8 Payment Methods (and Duty to Maintain Current Payment Information)

The company uses a third party secure payment service, We accept major credit cards, debit cards, and other payment methods as specified on our website. You authorize us to charge your chosen payment method for all fees related to your subscription. If your payment cannot be completed, we may suspend or terminate your access to the Services. You are responsible for keeping your payment information accurate and up to date at all times.

6. USE OF SERVICES

6.1 License

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial purposes.

6.2 Restrictions

You shall not:

• License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services in any way;
• Modify or make derivative works based upon the Services;
• Create Internet “links” to the Services or “frame” or “mirror” any content on any other server or wireless or Internet-based device;
• Reverse engineer or access the Services in order to (a) build a competitive product or service,
• (b) build a product using similar ideas, features, functions, or graphics of the Services, or (c) copy any ideas, features, functions, or graphics of the Services;
• Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material;
• Use the Services to store or transmit material in violation of third-party privacy rights;
• Use the Services to store or transmit malicious code or viruses;
• Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; or
• Attempt to gain unauthorized access to the Services or their related systems or networks.

6.3 Acceptable Use of Pet Information

You agree to provide accurate, current, and complete Pet Information. You shall not use the

Services to store or transmit information that:

• Is false, misleading, or deceptive;
• Infringes on the rights of any third party;
• Violates any applicable law, rule, or regulation; or
• Could potentially harm or interfere with emergency services or first responders.

7. FIRST RESPONDER ACCESS PROTOCOLS

7.1 First Responder Verification

The Company may implement verification measures to confirm the identity of individuals accessing Pet Information through QR codes. These measures may include, but are not limited to:

• Requiring first responders to identify themselves and their agency;
• Logging access information, including date, time, and location of QR code scans;
• Requesting official identification or badge numbers; and
• Implementing IP address verification or geolocation services.

7.2 First Responder Use Guidelines

First responders accessing Pet Information through QR codes are expected to:

• Use the information solely for the purpose of assisting the pet in an emergency situation;
• Maintain the confidentiality of Pet Information except as necessary for emergency response;
• Report any technical issues or concerns to the Company; and
• Follow all applicable laws, regulations, and professional standards when using Pet Information.

7.3 Access Monitoring and Notification

The Company may monitor access to Pet Information and may notify account holders when their pet’s QR code has been scanned. Notifications may include:

• Date and time of access;
• General location information (if available);
• Type of device used to scan the QR code; and
• Any information provided by the person scanning the QR code.

7.4 Limitations on First Responder Access

The Company does not guarantee that first responders will:

• Have the technology necessary to scan QR codes;
• Choose to scan QR codes in emergency situations;
• Follow the protocols outlined in this Agreement;
• Make decisions based on the Pet Information provided; or
• Contact pet owners or veterinarians listed in the Pet Information.

You acknowledge that the Company has no control over the actions or decisions of first responders and cannot be held liable for their use or non-use of the Services.

In-Case-of-Emergency Contact

The Company does not guarantee that In-Case-of-Emergency Contacts will:

• Make decisions based on the Pet Information provided; or
• Contact pet owners or veterinarians listed in the Pet Information.

8. PRIVACY AND DATA SECURITY

8.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into this Agreement. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.

8.2 Pet Information

Pet Information is not subject to the same legal protections as human health information under laws such as HIPAA. However, we take reasonable measures to protect all information stored in our systems. You acknowledge that Pet Information may be accessed by first responders and other authorized personnel in emergency situations.

8.3 Data Retention

We will retain your Pet Information for as long as your account is active or as needed to provide the Services. If you cancel your subscription or your subscription expires without renewal, we will retain your Pet Information for a period of thirty (30) days, after which it may be permanently deleted from our systems.

8.4 Data Security

We implement reasonable security measures to protect the security of your information, including:

• Encryption of sensitive data in transit and at rest;
• Regular security assessments and penetration testing;
• Access controls and authentication requirements for all systems;
• Regular security updates and patches for all software; and
• Employee training on data security and privacy practices.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

8.5 Data Breach Notification

In the event of a data breach affecting your personal information or Pet Information, we will:

• Notify you via email or through the Services within 72 hours of discovering the breach;
• Provide information about the nature and scope of the breach;
• Describe the steps we are taking to address the breach and protect your information;
• Offer recommendations for steps you can take to protect yourself; and
• Comply with all applicable laws regarding data breach notification, including Florida law.

9. CHILDREN’S PRIVACY AND COPPA COMPLIANCE

9.1 Age Restrictions

The Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, you are not permitted to use the Services or provide any personal information to us.

9.2 Parental Consent

If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will take steps to delete that information as soon as possible. If you believe we might have any information from or about a child under 13, please contact us at the address provided in Section 21.9.

9.3 Parental Access and Control

Parents or legal guardians of children under 18 who use the Services may:

• Review the personal information we have collected from their child;
• Request that we delete their child’s personal information; and
• Refuse to allow further collection or use of their child’s information.

10. CONTENT AND OWNERSHIP

10.1 Your Content

You retain all rights and ownership of any Pet Information and other content that you submit, post, or display on or through the Services (“Your Content”). By submitting, posting, or displaying Your Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate, and distribute Your Content for the sole purpose of enabling the Company to provide the Services.

10.2 Company Content

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, and all intellectual property rights therein, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.3 DMCA Compliance

The Company respects the intellectual property rights of others and expects users of the Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the Company will respond expeditiously to claims of copyright infringement committed using the Services.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the required information (see Section 21.9 for contact details).

11. ACCESSIBILITY

The Company is committed to making its website and Services accessible to people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

The Company strives to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level

These guidelines explain how to make web content more accessible for people with disabilities and more user-friendly for everyone.

If you encounter any difficulty in accessing or using our website or Services, please contact us at the address provided in Section 21.9.

12. COMMUNICATIONS

12.1 Electronic Communications Consent

By using the Services, you consent to receiving electronic communications from the Company. These communications may include notices about your account, subscription information, transaction confirmations, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

12.2 Marketing Communications

We may send you marketing communications about our products, services, and promotions. This includes communications from our third party industry commercial partners who allow us to offer services at discounted rates. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions provided in the marketing communication or by contacting us at the address provided in Section 21.9. Please note that even if you opt out of receiving marketing communications, you will continue to receive transactional and account-related communications from us.

12.3 Text Messages and Phone Calls and Emails

By providing your mobile phone number, you consent to receive text messages and phone calls related to your account and the Services. Standard message and data rates may apply. You may opt out of receiving text messages by replying “STOP” to any text message you receive from us or by contacting us at the address provided in Section 21.9.

13. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THAT FIRST RESPONDERS WILL SCAN QR CODES OR ACCESS PET INFORMATION IN EMERGENCY SITUATIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF FIRST RESPONDERS OR ANY OTHER THIRD PARTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE QR CODE TECHNOLOGY IS SUBJECT TO TECHNICAL LIMITATIONS AND MAY NOT FUNCTION PROPERLY IN ALL CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SITUATIONS WHERE THE QR CODE IS DAMAGED, OBSCURED, OR CANNOT BE SCANNED DUE TO LIGHTING CONDITIONS OR OTHER ENVIRONMENTAL FACTORS.

THE SERVICES ARE INTENDED TO SUPPLEMENT, NOT REPLACE, TRADITIONAL PET IDENTIFICATION METHODS SUCH AS MICROCHIPS, ID TAGS, AND COLLARS. THE COMPANY STRONGLY RECOMMENDS THAT YOU CONTINUE TO USE THESE TRADITIONAL METHODS ALONGSIDE OUR QR CODE SYSTEM.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO FLORIDA STATUTE § 617.0834, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv)

UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (v) THE FAILURE OF FIRST RESPONDERS TO SCAN QR CODES OR PROPERLY UTILIZE PET INFORMATION; (vi) THE FAILURE OF QR CODES TO FUNCTION PROPERLY IN EMERGENCY SITUATIONS; (vii) ANY ACTIONS OR DECISIONS MADE BY FIRST RESPONDERS OR THIRD PARTIES BASED ON PET INFORMATION; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, volunteers, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Services;
• Your violation of any term of this Agreement;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• Any claim that Your Content caused damage to a third party;
• Any use of your Pet Information by first responders or other third parties;
• Any actions or decisions made by first responders or third parties based on Pet Information; or
• Any misrepresentation made by you.

This defense and indemnification obligation will survive this Agreement and your use of the Services.

16. FORCE MAJEURE

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to terminate your subscription and receive a pro-rated refund for any prepaid but unused portion of your subscription.

17. TERMINATION

17.1 Termination by You

You may terminate this Agreement by canceling your account and discontinuing use of the Services as provided in Section 5.6. You will remain liable for all amounts due up to and including the date of termination.

17.2 Termination by Company

The Company may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason deemed appropriate in the Company’s sole discretion, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.

17.3 Effect of Termination

Upon termination of this Agreement for any reason:

• Your license to use the Services will immediately terminate;
• You will cease all use of the Services;
• Any fees paid by you prior to termination will not be refunded;
• Your Pet Information will be retained for thirty (30) days after termination, after which it may be permanently deleted; and
• All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. GOVERNING LAW AND VENUE

This Agreement and any dispute arising out of or related to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Orange County, Florida, and you consent to the personal jurisdiction of such courts.

19. DISPUTE RESOLUTION

19.1 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement or the Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Orange County, Florida, and the arbitration proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

YOU AND THE COMPANY 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, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

19.2 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction, as an alternative to arbitration.

19.3 Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

19.4 Waiver of Jury Trial

YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under this Dispute Resolution section, except as specified in Sections 19.2 and 19.3 above.

20. EXPORT CONTROL

You agree to comply with all export and import laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Services or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.

21. MISCELLANEOUS

21.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices and agreements published by the Company, constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements regarding the subject matter hereof.

21.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

21.3 Waiver

The failure of the Company to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that 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 the Company.

21.4 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

21.5 Relationship of Parties

Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and the Company.

21.6 Notice

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; and upon receipt, if sent by certified or registered mail, return receipt requested, postage prepaid.

21.7 No Third-Party Beneficiaries

This Agreement does not confer any third-party beneficiary rights on any person or entity who is not a party to this Agreement.

21.8 Section Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

21.9 Contact Information and Customer Service

Questions or comments regarding this Agreement should be directed to:

SAVE MY FUR BABY INC.
Attn: Legal Department
3325 Bayshore Blvd A15
Tampa, FL 33629
(888) 578-4986
info@savemyfurbaby.org

Customer service is provided by leaving voicemail at: (888)578-4986. Our anticipated response time is 48 hours.

22. ACKNOWLEDGMENT

BY CLICKING “I AGREE” OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.