GoFetch Pay Terms of Service

For ASPCA® Pet Health Insurance Account Linking Terms & Conditions click here.

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Date of Last Revision: March 17, 2023

Welcome to GoFetch. These Terms and Conditions as amended from time to time (this “Agreement”) form a legally binding agreement that governs your use of the GoFetch Services (as defined below). By accessing or otherwise using the GoFetch Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. As you read through this Agreement, please note that: “us”, “our”, and “GoFetch” refer to GoFetch Petcare Inc.; and “you” and “your” refer to you, the user of the GoFetch Services. You must accept this Agreement in order to access and use the GoFetch Services, including GoFetch Pay (as defined below).

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GOFETCH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. PLEASE REFER TO THE ARBITRATION AGREEMENT IN SECTION 23 BELOW FOR MORE INFORMATION.

If you do not agree with this Agreement, including the Arbitration Agreement, you must not accept this Agreement and may not access or otherwise use the GoFetch Services.
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‍1. Interpretation.
In addition to the words defined throughout this Agreement, the following definitions apply:

• a. “GoFetch Applications” means the mobile applications and websites published by GoFetch, including any updated or new features, functionality and technology.
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• b. “GoFetch Pay” means the mobile applications and websites published by GoFetch, including any updated or new features, functionality and technology.
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• c. “GoFetch Services” means the GoFetch Applications and all services, content, tools, features, and functionalities offered on or through the GoFetch Applications, including GoFetch Pay.
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• d. “Loan Agreement” means the separate loan agreement you enter into with us when you obtain financing through GoFetch Pay.
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• e. “Veterinary Clinic Services” means all products and services provided by a Service Provider
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• f. “Service Provider” means a third-party veterinary clinic.
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• All decisions regarding the interpretation of the terms and conditions of this Agreement, and any disputes arising therefrom, will be resolved by GoFetch in its sole discretion.
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• 2. GoFetch Services Overview. The GoFetch Services include:
  GoFetch has made available for subscription certain Pet Care Plans on the GoFetch Applications, and you have elected to subscribe to a Pet Care Plan for a bundle of services as described in more detail in the GoFetch Applications (collectively the “GoFetch+ Services”):
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a. access to GoFetch Pay (discussed further below) as an alternative to paying upfront, out-of-pocket, in-clinic expenses associated with Veterinary Clinic Services; and

b. such other products or services that may be provided by GoFetch on or through the GoFetch Applications, from time to time.
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1. Eligibility for GoFetch Services. To be eligible to use the GoFetch Services, you must meet and maintain certain criteria established by us, which may change at our discretion. The GoFetch Services are only intended for users who are at least 18 years old. By using the GoFetch Services, you represent and warrant to us that you are at least 18 years old..

2. Service Providers. You acknowledge that your interactions, communications, use and receipt of any Veterinary Clinic Services or other services offered by a Service Provider are at your own risk. You also acknowledge that all veterinary office visits and exams, appropriate life stage vaccines, appropriate life stage diagnostics, and other Veterinary Clinic Services are provided solely by the Service Provider and not GoFetch. GoFetch does not provide veterinary services. You agree that you are solely and ultimately responsible for selecting a Service Provider and accepting their services. You are encouraged to discuss and verify any credentials or profile information on your own and directly with a Service Provider before agreeing to accept its services. GoFetch makes no guarantees or assurances that any Service Provider possesses and/or will continue to possess the necessary licenses, training, certifications, and educational background required to perform the services that the Service Provider offers, advertises or provides. GoFetch also makes no representations or warranties as to the accuracy or completeness of any information that any Service Provider may make available through the GoFetch Services. GoFetch does not control or verify any third-party statements or reviews of any Service Provider that are made available through the GoFetch Services. GoFetch is not responsible for any false or misleading claims contained in any reviews, advertisements or other materials associated with any Service Provider.

3. No Liability for Service Providers or Veterinary Clinic Services. Service Providers are third parties and not agents, employees, personnel or representatives of GoFetch. GoFetch is not liable for the actions or failures to act of any Service Provider and its respective directors, agents, contractors, employees or personnel in connection with the delivery of the Veterinary Clinic Services. GoFetch makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and any Service Provider. You acknowledge that you may enter into separate terms, agreements or provide waivers to a Service Provider in connection with, or as a condition to, your receipt of the Service Provider’s services (“Customer Agreements”). Under no circumstances will GoFetch be a party or third-party beneficiary to any Customer Agreements, and any terms in a Customer Agreement that purport to impose obligations upon GoFetch that are beyond the scope or are in addition to GoFetch’s responsibilities in this Agreement will be void and invalid. You will comply with the terms of any Customer Agreements. GoFetch will have no liability for any breach of a Customer Agreement by you or any Service Provider and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with a Customer Agreement.

4. GoFetch Pay. As part of the GoFetch Services, we may offer you the opportunity to apply for a loan to finance one-time expenses associated with Veterinary Clinic Services for your pet (a “Loan”). Any such Loan will be governed by a Loan Agreement and this Agreement. See your Loan Agreement for details regarding the terms and conditions that govern your Loan, including any interest, fees or other charges that may apply.

5. No Veterinarian-Patient Relationships. You acknowledge and agree that although some of the resources and materials that are made available through your use of the GoFetch Services may be provided by individuals in the veterinary profession, the availability or provision of such information or services does not and will not create a veterinarian-client-patient relationship (VCPR), or other medical professional/patient relationship, between GoFetch and you and your pet in any circumstances.

6. No Endorsement. GoFetch does not in any way endorse or recommend any particular Service Providers, individuals, entities, products, services or devices that are listed, marketed, advertised, reviewed or otherwise made accessible through the GoFetch Services.‍

7. Service Efficacy. GoFetch makes no claims about the efficacy of any Service Provider, or the products or services of any Service Provider made available on or through the GoFetch Services, including any information provided through the Veterinary Clinic Services. GoFetch is not responsible for assessing the suitability of any Service Provider, or the products or services of any Service Provider made available on or through the GoFetch Services. GoFetch does not guarantee or make any representations and/or warranties, whether express or implied, with respect to any Service Provider or the products or services of any Service Provider made available on or through the GoFetch Services.‍

8. No Third-Party Beneficiaries. This Agreement is between you and GoFetch only and no other parties, including any Service Provider. You agree there are no third-party beneficiaries under this Agreement, except as provided in Section 10(j).

9. Your Responsibilities. You must at all times comply with the terms of this Agreement, in order for you to access or otherwise use the GoFetch Services. In addition, you hereby agree as follows:

a. You will comply with all applicable federal, state and local laws and regulations when using the GoFetch Services.

b. You agree that any information you provide to GoFetch or through the GoFetch Services is truthful and accurate. Inaccurate information will affect your experience when using the GoFetch Services and our ability to contact you as described in the Privacy Policy. You may also be asked to provide authorization or additional information when you use the GoFetch Services in order to verify the information or Content (defined below) you submit. You further agree to promptly notify GoFetch if you discover or reasonably suspect you have provided any false or incorrect information.

c. You will pay for (i) any applicable fees or charges for the GoFetch Services that are disclosed to you; and (ii) any data, voice or internet charges and other separate or outside charges you incur through use of the GoFetch Services, and you will not seek refunds, credits or reimbursements from GoFetch.

d. You understand and agree that GoFetch is not responsible for advertisements, reviews, materials, postings, articles, or other materials or information made available by any Service Provider or other users of the GoFetch Services (each, a “Member”) or that are otherwise accessible through the GoFetch Services. You will use the GoFetch Services and all associated materials and information at your own risk.

e. You are solely responsible for your actions and interactions with Members, whether online or offline. You agree that GoFetch is not responsible or liable for the conduct of any Member, including any harm or damage to your pet that arises or occurs from Members. GoFetch reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members.

10. Special Terms Regarding Apple-Enabled Software Applications. We offer software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

a. We and you acknowledge that this Agreement is concluded between us and you only, and not with Apple, and that as between us and Apple, we, not Apple, are solely responsible for the Apple-Enabled Software and its content.

b. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

c. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

d. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

e. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law.

f. We and you acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

g. In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

h. 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.

i. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to us by email at [email protected]

j. We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third-party beneficiary.

11. General Content on GoFetch Services. If you receive any information, content or materials from a Member, you agree you will not share or disclose such materials unless permitted by the party that provided it. You are permitted to share content or materials that are generally accessible and made available to all Members through the GoFetch Services, which may include posts, submissions, contributions, articles, images, photos or other content provided by GoFetch, a Service Provider, and other Members (“General Content”). You may be permitted to share certain General Content outside of the GoFetch Services, including uploading onto third-party sites, such as social media. You are solely responsible for providing any source attributions, credits or obtaining necessary permissions to share or display such General Content outside of the GoFetch Services, if applicable.

12. Responsibility for your Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sound recordings, works of authorship, applications, links and other content or materials, including intellectual property, that you submit, post, share, use, provide, transmit, or display on or through the GoFetch Services (“Content”). You will ensure you have or have received all necessary rights and licenses to any Content you display, provide or share to GoFetch, a Service Provider, and other Members, or that you generally make accessible through use of the GoFetch Services. You are solely responsible for your Content, including any confidential information contained therein and enforcement of any Intellectual Property Rights (as defined below) you claim to such Content. Thus, you agree to provide Content at your own risk. GoFetch will not be responsible or liable to you for the use or sharing by Members of Content that you share or make generally available on or through the GoFetch Services, including any Content that is shared outside to third parties or social media.

13. Your Content License to GoFetch. You hereby grant to GoFetch a worldwide, non-exclusive, transferable, sub licensable, royalty free, fully paid up right and license to use, copy, distribute, display, publicly perform, modify and create derivative works of any Content you display, provide or make generally available on or through the GoFetch Services, for use in connection with the GoFetch Services (the “License”). The License excludes any Content that you share using the GoFetch Services with a Service Provider or other Members in closed communications, which are not otherwise viewable or accessible within the GoFetch Services. You represent, warrant, and covenant and can demonstrate to GoFetch’s full satisfaction upon request that (a) you own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share, provide, transmit, or display on or through the GoFetch Services does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) you agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content through the GoFetch Services, or the exercise of the License by GoFetch, (d) you have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) you have the legal right and capacity to grant the License to GoFetch. You agree to waive any moral rights worldwide you may have in the Content that you submit using the GoFetch Services.

14. Data Use. You acknowledge and approve GoFetch accessing your pet’s electronic health record and your transaction data, which may be used to administer the GoFetch Services and automate notifications regarding services and offers related to the GoFetch Services, as well as for research purposes to improve the performance of GoFetch’s products and services.‍

15. No Transfer of GoFetch Intellectual Property Rights. As between you and GoFetch, GoFetch owns and retains all right, title and interest in and to the GoFetch Services and all Intellectual Property Rights therein. Nothing in this Agreement shall be deemed as a transfer, implied or otherwise, of any GoFetch Intellectual Property Rights to you. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials provided by GoFetch or the GoFetch Services, and you agree not to use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using the GoFetch Services, or as otherwise permitted by GoFetch regarding your use of General Content.‍

16. No Special Relationship or Fiduciary Duty. You acknowledge that GoFetch has no special relationship with or fiduciary duty to you. You also acknowledge that GoFetch has no control over, and no duty to take any action against any Service Provider or other Members. GoFetch has no obligation to you regarding which users gain access to the GoFetch Services. You agree that GoFetch is not liable to you for any effect or harm that General Content or information or materials you access or use through the GoFetch Services may have on you. You agree to access or otherwise use such General Content, materials and any information at your own risk.

17. Suspension, Termination. 

a. This Agreement commences on the date you first download, access or use the GoFetch Services until the termination or expiration of your account or access to the GoFetch Services by either you or GoFetch. Upon termination of this Agreement, you will cease all use of the GoFetch Services. 

b. GoFetch has the sole discretion to suspend, disable, remove, restrict, modify or terminate your access to the GoFetch Services with reasonable notice to you if you are in breach of this Agreement, you are using the GoFetch Services in a manner that would cause a real risk of harm or loss to us or other users, or you haven’t accessed the GoFetch Services for 12 consecutive months. No advance notice will be given if you are in material breach of this Agreement, doing so would cause us legal liability or compromise our ability to provide the GoFetch Services to our other users, or we are prohibited from doing so by law. You acknowledge and understand that investigation and enforcement of any suspected, reported or discovered violations of this Agreement are within GoFetch’s sole discretion, including the decision to take any action against you or other Members. 

c. On any termination of this Agreement, Sections 1, 13 to 17, 19 to 25, 30 to 34 and any other section that by its nature should survive the termination of this Agreement, shall in each case survive any termination of this Agreement. 

d. If this Agreement terminates pursuant to this Section 17, you will continue to be responsible for repaying any outstanding loan balance you have pursuant to the terms of a Loan Agreement.

18. Maintenance and Support. GoFetch has no obligation to furnish any maintenance and support for the GoFetch Services, unless required by applicable law.

19. Indemnification. You agree to release, defend, indemnify and hold harmless GoFetch, its affiliates, shareholders, and each of its employees, contractors, directors, officers, suppliers and representatives (collectively, “GoFetch Indemnitees”) from any and all liabilities, claims, damages, losses, expenses, including without limitation, reasonable legal and accounting fees, and actions of any kind arising out of or relating to (i) your use of the GoFetch Services, (ii) your Content, (iii) your use and/or receipt of services from any Service Provider, (iv) your breach or noncompliance with this Agreement, or (v) your breach of a Customer Agreement or your violation of any rights of another. GoFetch reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 19, and you agree to cooperate with any reasonable requests assisting GoFetch’s defense of such matter. You may not settle or compromise any claim against the GoFetch Indemnitees without GoFetch’s written consent.

20. Disclaimer of Warranties. GOFETCH SERVICES, GENERAL CONTENT, AND ALL OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH SERVICES ARE PROVIDED BY GOFETCH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOFETCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GOFETCH SERVICES, ANY SERVICE PROVIDER, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH SERVICES, INCLUDING ANY BACKGROUND OR QUALIFICATIONS OF ANY SERVICE PROVIDER. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOFETCH SERVICES AND ANY SERVICE PROVIDER IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOFETCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOFETCH DOES NOT WARRANT THAT THE GOFETCH SERVICES, SERVICES PROVIDED BY ANY SERVICE PROVIDER, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH SERVICES, GOFETCH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOFETCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

21. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOFETCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE GOFETCH SERVICES, VETERINARY CLINIC SERVICES, SERVICES PROVIDED BY ANY SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOFETCH SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF GOFETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOFETCH ARISING FROM OR RELATED TO THIS AGREEMENT, THE GOFETCH SERVICES, OR THE USE THEREOF EXCEED THE AMOUNT PAID BY YOU FOR THAT PORTION OF THE GOFETCH SERVICES OR THAT GAVE RISE TO THE CLAIM. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $100 OR 100% OF ANY AMOUNT YOU’VE PAID UNDER FOR THE GOFETCH SERVICES IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

22. Exceptions. If your non-identifiable data is used for research purposes, then Sections 19 (Indemnification) and 21 (Limitation of Liability) are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.

23. DISPUTE RESOLUTION BY BINDING ARBITRATION. 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Arbitration Agreement, any and all disputes or claims that have arisen or may arise between you and GoFetch, whether arising out of or relating to (i) this Agreement (including any alleged breach thereof), (ii) your use of or interaction with the GoFetch Services, (iii) any purchases or other transactions or relationships with GoFetch, (iv) our Privacy Policy, or (v) any data or information you may provide to GoFetch or that GoFetch may gather in connection with such use, interaction or transaction (collectively, “GoFetch Transactions or Relationships”) will be resolved exclusively through final and binding arbitration (“Arbitration”), and you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us, and most user concerns can be resolved quickly and to the user’s satisfaction by contacting us. If such efforts prove unsuccessful, this Arbitration Agreement will apply. 

The Arbitration will be administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the Arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations (“Minimum Standards”) in effect which would be applicable to the matter in dispute, GoFetch agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable provisions set forth in this Arbitration Agreement, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (f) or (j) below. Furthermore, this Arbitration Agreement shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

YOU AND GOFETCH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GOFETCH ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

You further agree that: 

a. BY ENTERING INTO THIS AGREEMENT, YOU AND GOFETCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, AND YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY;

b. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GoFetch (the “Arbitrator”);

c. the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Agreement and/or this Arbitration Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable;

d. the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GoFetch; or (iii) at your election, if the only claims in the Arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

e. the Arbitrator (i) shall apply internal laws of the State of Washington consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Washington or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

f. the Arbitration can resolve only your and/or GoFetch’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

g. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

h. in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GoFetch will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

i. in the event you recover an Award greater than GoFetch’s last written settlement offer, the Arbitrator shall also have the right to include in the Award GoFetch’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but GoFetch shall in all events bear its own attorneys’ fees;

j. with the exception of subpart (f) above, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor GoFetch shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

k. GoFetch may modify this Arbitration Agreement, but such modifications shall only become effective thirty (30) days after GoFetch has given notice of such modifications; and

l. notwithstanding the foregoing provisions, at your option, you may bring any claim you have against GoFetch in your local small claims court within the United States, if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

24. JURY TRIAL AND CLASS ACTION WAIVER. YOU AND GOFETCH ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND GOFETCH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN ADDITION, YOU WAIVE YOUR RIGHT TO JOIN A CLASS OF OTHER CONSUMERS TO BRING A CLAIM AGAINST US, OR TO BRING OR BE A CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION PROCEEDING. THIS JURY TRIAL AND CLASS ACTION WAIVER WILL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION AGREEMENT SET FORTH IN SECTION 23, WHICH CONTAINS ITS OWN JURY TRIAL AND CLASS ACTION WAIVER. IF A COURT OR ARBITRATOR DETERMINES THAT THE ARBITRATION AGREEMENT SET FORTH IN SECTION 23 IS INVALID OR UNENFORCEABLE, THE JURY TRIAL AND CLASS ACTION WAIVER IN THIS SECTION WILL NONETHELESS CONTINUE TO APPLY.

25. Governing Law. You agree that this Agreement and any dispute arising from this Agreement or your use of the GoFetch Services shall be governed by, and construed and enforced in accordance with the laws of the state of Washington, without regard to the conflict of laws principles thereof. For any cause of action initiated against GoFetch relating to this Agreement, you and GoFetch agree to submit to the exclusive and personal jurisdiction of the courts located in Seattle, Washington.

26. Assignment. You may not assign any of your rights or responsibilities under this Agreement under any circumstances without the prior written consent of GoFetch. Any such attempted assignment without our prior written consent is and will be void. GoFetch is permitted to assign this Agreement, or any of our rights or obligations under this Agreement, at any time without notice.

27. Territorial Restrictions. GoFetch reserves the right to limit the availability of the GoFetch Services, or any information, materials, content or features thereof, to any state(s), at any time and in GoFetch’s sole discretion.

28. Amendment. GoFetch reserves the right, at its sole discretion, to make changes to the GoFetch Services, Privacy Policy, and this Agreement at any time. If we do this, we will post the changes through the GoFetch Services and will indicate at the top of this page the date this Agreement was last revised, unless otherwise stated. If there is a material change that affects your use of the GoFetch Services or your legal rights as a user of our GoFetch Services, we’ll notify you prior to the effective date of the change by sending an email to the email address associated with your account or via an in-product notification. If you don’t agree to the changes we make, please cancel your account before they become effective. By continuing to access or otherwise use the GoFetch Services after the changes come into effect, you agree to be bound by the revised Agreement.

29. Modifications to the GoFetch Services and Prices. We reserve the right at any time to modify or discontinue, temporarily or permanently, the GoFetch Services (or any part or content thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the GoFetch Services.

30. Consent to Contact. You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including short message service (“SMS”) messages (including text messages), multimedia messaging service (“MMS”), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing systems or automatic texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voicemail, or send one by text.

You consent to receive SMS messages, calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your account, or the GoFetch Services.

31. Severability. If any term of this Agreement is held to be invalid or unenforceable under applicable law, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of GoFetch, and all other remaining terms of the Agreement will remain valid and enforceable.

32. No waiver. GoFetch’s failure to exercise or enforce its rights under this Agreement does not waive GoFetch’s right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by GoFetch.

33. Entire Agreement. This Agreement constitutes the entire agreement between you and GoFetch with respect to the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement.

34. Contact information. Should you have any questions, please contact GoFetch at [email protected]‍