TERMS AND CONDITIONS
YOU ARE RESPONSIBLE FOR READING THESE TERMS AND CONDITIONS AND ALL ADDITIONAL TERMS CAREFULLY BEFORE SIGNING, CLICKING “ACCEPT” (IF APPLICABLE), OR OTHERWISE ACCEPTING THE SAME AND BEFORE ACCESSING OR USING THE SERVICES. BY DOING ANY OF THE FOREGOING AND/OR ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS AND ALL ADDITIONAL TERMS.
NOTE THAT THESE TERMS AND CONDITIONS SIGNIFICANTLY ALTER YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY ARBITRATION PROVISION CONTAINS A CLASS ACTION WAIVER. PLEASE REVIEW THEM CAREFULLY PRIOR TO USING ANY COMPANY SERVICES.
I. ACCEPTANCE OF THE TERMS AND CONDITIONS
Better Than Home, Inc., a Delaware corporation and its affiliates (collectively referred to as the “Company”) provides the https://www.digsdogcare.com site and other affiliated sites (collectively, the “Site”) and various campus properties (the “Facilities”) subject to your compliance with all the terms and conditions contained or referenced herein (the “Terms and Conditions”).
Privacy Policy (linked here and incorporated herein), (iii) the Assumption of Risk, Liability Release, and Waiver Agreement (linked here and incorporated herein), and (iv) any terms and conditions provided by a Vendor, including, without limitation, Goose, any transportation service, and any veterinary service ((i)—(iv) collectively, the “Additional Terms”). By using the Site, Facilities, or Services, you agree to the Terms and Conditions and the Additional Terms. If you do not agree, do not use the Site, Facilities, or Services.
The Company reserves the right to change the Terms and Conditions and the Additional Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms and Conditions and Additional Terms periodically to learn of any modifications. Your continued use of the Site, Facilities, and/or Services after the posting of any modifications shall constitute your agreement to be bound by such modified Terms and Conditions and/or Additional Terms.
The Company may modify, suspend, discontinue or restrict the use of the Site, Facilities, Services, any portion thereof, or any content at any time with or without notice to you.
II. THE SERVICES
A. The Services
The Services generally involve the Company’s provision of pet care at one of the Company’s Facilities and may include, but are not limited to, the following:
i. Pet Care Services: Daycare, Day Boarding, Bathing / Grooming, and Other
The Services may include daycare, boarding, grooming, bathing, and other accommodation of pets in which the pets are taken into the Company’s care at one of the Company’s Facilities, including access to and use of pet aquatic amenities, including swimming pools, splash pads, water play areas, or similar recreational water activities (“Pet Care Services”). While the Company is providing any Pet Care Services to your pet, the Company generally requires that you provide any and all necessities (specially including all food and medication) as your pet may need for the full duration of the intended care period, as well as instructions directing the Company on how and when those necessities are to be administered. You understand and agree that the safety and quality of the necessities you provide is your sole responsibility, and that you indemnify and hold harmless the Company against any injury your pet, another pet at a Facility, or any of the Company personnel arising out of or relating to the unsafe quality of such necessities.
While providing Pet Care Services to your pet, the Company reserves the right to make any and all decisions and to take any and all actions that the Company deems to be in the best interest of your pet, at the Company’s sole discretion. If the Company determines, in its sole discretion, that the necessity items you have provided are dangerous or unsuitable for your pet, the Company explicitly reserves the right to provide an alternative and to charge you for the cost of the alternative items provided. Further, if the Company determines, in its sole discretion, that the instructions you have provided related to the administration of necessities or of any other Service, including grooming Services, are dangerous or unsuitable for your pet, the Company explicitly reserves the right to take such alternative actions as the Company deems necessary and appropriate and to charge you for the cost of the additional or alternative Services provided. If the Company deems it necessary to make a decision or takes an action regarding your pet’s care that is inconsistent with your instructions, the Company will make a reasonable effort to contact you.
ii. Overnight Boarding Notice
The Company does not have staff present in the facility during overnight hours (typically defined as 7:30 PM through 6:30 AM, but hours may change from time to time). By using the Services, you consent to your pet(s) being boarded under these conditions and release the Company from any liability that may occur.
iii. Pet Training and Behavior Courses
The Services may include one or more classes whereby the Company personnel provide behavioral education for your pet (the “Training”). Training is subject to all terms generally applicable to the Services as set forth in these Terms and Conditions and any Additional Terms. The Company makes no representations or warranties as to the effectiveness or success of the Training. You understand and acknowledge that each pet is unique in its receptiveness to any form of training and that the Company cannot guarantee any specific results in response to the Training.
iv. Sale of Pet Food and Treats
The Services may include the sale or provision of food items intended for your pet’s consumption either on site at one of the Facilities or pre-packaged to be consumed off-site (“Pet Food”). You understand and acknowledge that each pet has distinct medical and dietary limitations, that the risks inherent in consumption of Pet Food may include allergic reaction, illness, injury, or death, and that the Company personnel are not trained in veterinary medicine and thus cannot predict the reaction that your pet or any pet will have to consumption of the Pet Food. Accordingly, you agree that you are solely responsible for any injury to your pet as a result of your pet’s consumption of Pet Food. You also agree to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by your pet as a result of consuming Pet Food. Further, you agree to indemnify and hold harmless the Company, whether injury or damage is caused by your negligence, the negligence of the Company, or the negligence of any third party from any loss, liability, damages, or costs arising out of or related to any injury to your pet or another pet arising out of your provision of the Pet Food to such pet.
v. Transportation Services
The Services may include transportation of your pet by the Company personnel from one location to another. By using the Company’s pet transportation services, you agree and acknowledge that, for the purposes of these Terms and Conditions, any vehicle or vehicles in which your pet is transported constitute a Facility, and any terms articulated herein applicable to Facilities are applicable thereto.
By receiving any Services from the Company, you accept and shall be subject to any Additional Terms at the applicable Facility, in addition to these Terms and Conditions. As set forth above, if you do not agree to these Terms and Conditions and the Additional Terms, you must not use the Services.
B. Provision of the Services
You acknowledge and understand that, notwithstanding anything herein to the contrary, the Company has, and shall at all times retain, the right to refuse or cancel Services to you or your pet for any reason or no reason at all. Reasons that may warrant a refusal or cancellation of Services, include, but are not limited to, the following circumstances: inappropriate or aggressive behavior by you or your pet in the Facilities or observed illness of your pet in the Facilities.
Prior to being eligible to receive Services, you must complete the Company’s onboarding procedures to the satisfaction of the Company.
C. Access to the Services and Facilities.
The Site, Facilities, and Services are only available for individuals aged 18 years or older. The Company strongly recommends that, prior to engaging any of the Services, you consult with a veterinarian to ensure that your pet’s health is conducive to the Services.
The Company will typically collect information about each new pet prior to the first provision of Services to that pet, and the Company may require different information depending on which of the Services the Company is providing. You are responsible for providing accurate and complete information to the Company, including but not limited to each pet’s temperament, injury history, prior incidents of biting other people or pets, prior incidents of fighting with or aggression towards other people or pets, dietary requirements and preferences, current vaccination records, and medical requirements. The Company may require you to supply the preceding information through veterinary records. You are responsible for ensuring that each pet for which you seek the Services is current on all vaccinations and regular checkups, and you hereby represent and warrant that such is the case for each such pet. You understand and acknowledge that the Company makes no representations or warranties about the vaccination status of any pet. You understand and acknowledge that you are solely and completely responsible for information provided to the Company, and that any misrepresentation or omission you make puts the Company, its employees, and third-party participants and pets at risk of injury, illness, or other related harm. Accordingly, you agree to indemnify and hold harmless the Company against any injury or illness to your pet that arises out of any misrepresentation or omission relating to your pet, pursuant to that Assumption of Risk, Liability Release, and Waiver Agreement (linked here).
The Services may include access to one or more of the Facilities operated by the Company and from time to time the Company may offer any of the Services at one or more such Facilities.
The provision of the Services at a Facility is on a first-come, first-served basis. The Company does not guarantee availability at any Facility. The Company may offer you the ability to schedule the Services at a Facility in advance, in which case the Company reserves the right to charge fees for missed visits or late pickup. In the event you fail to retrieve your pet, the Company may report the incident to the relevant authorities, including Animal Control, pursuant to the applicable animal abandonment laws. You agree to reimburse the Company for all costs and expenses associated with such actions.
D. Transport and Emergency Protocol
If your pet experiences a medical emergency (as determined at the sole discretion of the Company) while the Company is providing the Services, the Company may transport your pet to the veterinarian designated in your account. If your account does not identify a veterinarian, or if it is impracticable for your pet to be seen by your specified veterinarian, the Company may take the pet to a veterinarian of the Company’s choosing.
You understand and acknowledge that every medical emergency is inherently accompanied by certain risks for the Company, your pet, and other third parties. Further, you understand and acknowledge that, in an emergency medical situation, the Company may be required to take actions or make decisions concerning the wellbeing of your pet, including but not limited to, transporting your pet to a veterinary medical center and sharing your personal information and your pet’s health information with medical professionals. You understand and acknowledge that the Company’s personnel are not trained veterinary medical professionals and as such may not be able to recognize when your pet is having a medical emergency. Accordingly, by using the Company’s Services, you agree that the Company may take any action as the Company deems necessary in good faith to protect the wellbeing of your pet. Further, you agree to assume the risk inherent in a medical emergency involving your pet, to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you or your pet as a result of a medical emergency, and to indemnify and hold harmless the Company for any and all actions as the Company may take, or fail to take, in the event that your pet experiences a medical emergency.
All expenses in the event of a medical emergency of your pet are your responsibility.
E. Payment Terms
i. Payment on File.
The Company requires a valid payment method on file with the account holder in advance of the provision of Services. When you pay for Services, you will be required to provide the Company with a valid credit card or other payment information, and you must maintain that payment information (or an acceptable alternative payment method) on file so long as you have an account. You authorize the Company to charge your credit card or payment method for fees you incur through the Company’s Services as they become due and payable, and to charge any alternative payment method the Company has on record in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If the Company cannot charge you for fees when due because your payment information is no longer valid, or if the Company does not receive payment when due, then you understand that the Company will not be responsible for any failure to provide Services associated with those fees. The Company will generally charge you for the Services using the payment information you provide. For all payments made, the Company may accept cash or charge through any other point of sale system as deemed appropriate by the Company.
ii. Payment to Vendors.
In order for the Company to facilitate convenient payments, and as a condition precedent to your use of the Services, you grant the Company the right to share your payment information with any third-party Vendor.
The Company does not advance or pay any veterinarian or other bills for pets. Any such bill is the sole responsibility of the owner associated with the pet. The Company will ask you to provide a maximum allowable expense amount for veterinarian bills, which you authorize the Company to pay using the payment method on file in the event of an emergency.
ii. Failed Charges and Failure to Pay.
All failed charges or inappropriately disputed charges are subject to a fee of ten percent (10%) of the value of the charge being added to your bill.
Failure to close a tab or make any payment due at the Company’s point of sale system at the time such payment is due will result in a fee of up to twenty percent (20%) of the sum then due.
In the event the Company does not receive payments when due, the Company also reserves the right to suspend your account and cancel all future scheduled Services until payment is received. Except as expressly provided, all payments to the Company are non-refundable once paid.
iii. Cancellations.
Cancellation of the Services may incur fees up to the total cost of your scheduled services, at the sole discretion of the Company.
iv. Expiration of Pre-Purchased Services.
Pre-purchased Services or daycare packages may expire within six (6) months of purchase and are not entitled to any refund.
The Company’s charges for the Services are subject to change at any time in the Company’s sole discretion. Any policies related to payments, deposits, failed charge(s) fees, cancellations, and/or expiration of purchases could change at any time based on, but not limited to, Facility location, Facility type, holiday hours, etc. and the Additional Terms at the Facility location.
F. Liability
You understand that your choice to use the Company’s Services is voluntary and that pursuant to that Assumption of Risk, Liability Release, and Waiver Agreement you (i) waive and release the Company and its affiliates from any Claims, including for injury to you and/or a pet and (ii) acknowledge responsibility and liability for any injuries and damages caused by you and/or your pets to other people, and (iii) are responsible for ensuring that the Company has current, correct, and complete information about each pet for which you are seeking the Services.
G. Third Party Vendors
From time to time, third-party vendors (each a “Vendor”) may offer to provide goods or services ancillary to those provided by the Company at one of the Company’s Facilities. You understand and acknowledge that each Vendor is totally independent of the Company, and is engaged either as an independent contractor, lessee, or licensee, or has engaged the Company as such, or has no formal legal relationship with the Company at all, each as the case may be. You understand and acknowledge that the Company provides only the Services identified herein, and thus has no control over or responsibility or liability for the acts or omissions of any Vendor. Further, you understand and acknowledge that the Company does not assess nor guarantee the suitability, legality, safety, or quality of any Vendor or the goods or services any Vendor provides. You understand and acknowledge the same to be true even where the Company accepts payment on the Vendor’s behalf. Accordingly, you agree to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury in, including death, that may be sustained by you or your pet that occurs as a result of goods or services provided by Vendors.
Some Vendors may offer services that would be unlawful for the Company to provide. For the avoidance of doubt, you understand and acknowledge that the Company is not a veterinary practice and is not licensed to perform veterinary medical services or to otherwise engage in the practice of veterinary medicine, whether under the laws of each State the Company operates in and that the Company is in no way responsible for any veterinary medical services provided by Vendors to your pet even if the Company accepts payment for veterinary medical services on a Vendor’s behalf. The Company makes no representations as to the licensure or qualification of any Vendor providing veterinary medical services, or any other professional services, at any of the Company’s Facilities. Accordingly, you agree to release, waive, discharge, and covenant not to sue the Company for any liability, claim, or cause of action arising out of or related to any loss, damage, or injury in, including death, that may be sustained by your pet that occurs as a result of veterinary medical services provided by a Vendor.
III. USE OF INTELLECTUAL PROPERTY
A. Intellectual Property of the Company.
All Company trademarks, service marks, trade names, logos, domain names, slogans, marketing materials, and any other features of the Company’s brand (the “Intellectual Property”) are the sole property of the Company. Neither these Terms and Conditions nor any Additional Terms grant you any right to use any of the Company’s Intellectual Property for commercial or non-commercial use.
B. Rights You Grant the Company
By using the Services, you grant the Company the right to photograph you, your pets, and other private property in the Company’s care, and you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., display), publish, translate, modify (including with the use of artificial intelligence), create derivative works from (including with the use of artificial intelligence), and distribute any photographs of you, your pets, and other private property through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created.
C. User Accounts
Each user is required to provide accurate information to the Company when creating an account and must ensure that their account information is up to date and accurate for so long as such user utilizes the Services. User accounts are password protected, and you are responsible for protecting the security and confidentiality of your account. The Company encourages you to use a unique and strong password, limit access to your devices, and log out after each use.
D. Contributed Content
You are solely responsible for all information, photographs, videos, graphics, logos, design elements, text, and any other material submitted, uploaded, or made available to the Company via the Site, any social media page, through email, or any other mode of transmission or communication (including any comments, feedback, or ideas sent to the Company) (collectively, the "Contributed Content") and (i) represents and warrants you own and control all rights to the Contributed Content, (ii) grants the Company a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual, worldwide license and right to use, reproduce, make available to the public (e.g., display), publish, translate, modify (including with the use of artificial intelligence), create derivative works from (including with the use of artificial intelligence), and distribute or otherwise make available the Contributed Content (the “Contributed Content License”), and (iii) expressly covenant and agree not to submit, upload, or make available any Contributed Content which:
· infringes another’s trade dress, copyright, patent, trademark, or other intellectual property right or unfair competition law,
· contains, or links to, any “spam” or harmful, disruptive, or destructive software, data, file, or code, and/or
· is false, misleading, defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory, or is otherwise objectionable or illegal, in the Company’s sole discretion.
IV. DISCLAIMER OF WARRANTIES
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
V. LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE COMPANY’S SERVICES AND FACILITIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company may choose, in the Company’s sole discretion, to refund fees that you have paid to the Company or to reimburse costs that you have incurred from the Company in response to allegations of the Company’s negligence, gross negligence, or willful or wanton conduct allegedly resulting in any loss, damage, or injury to you, your pet, or your property. Unless explicitly agreed to in writing by the Company, no such refund, reimbursement, or other payment of funds to you shall be deemed to be an admission or fault or liability for any alleged harm.
Under no circumstances will the Company’s liability exceed the lesser of: (i) the fees paid by you to the Company in the immediately preceding three-month period (less any credits, refunds, coupons, promotions, or the like) or (ii) $500.00.
VI. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, any Additional Terms, or your use of the Company’s Services, including, but not limited to, your use of the Facilities and products other than as expressly authorized in these Terms and Conditions or any Additional Terms, and any injury or loss caused by you or your pets.
VII. MISCELLANEOUS
A. Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND THE COMPANY WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
With the exception of any disputes not allowed by applicable law, any dispute arising from or relating to these Terms and Conditions or any Additional Terms or the breach of any of the foregoing that cannot be settled through direct discussions (“Arbitrable Dispute”), shall be submitted by the Parties to mediation administered by the American Arbitration Association before resorting to arbitration. If mediation fails, the Arbitrable Dispute shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrable Dispute shall be heard in St. Louis County, Missouri and shall be permitted to occur via electronic means rather than in-person. Any and all decisions as to the applicability or enforceability of these Terms and Conditions or any Additional Terms, including, but not limited to whether the Parties agreed to arbitrate, the enforceability of this arbitration provision, and whether this arbitration provision applies to a particular issue, are delegated to, and must be decided by, the arbitrator appointed to the matter. The arbitrator may grant any remedy or relief that would have been available to the Parties had the matter been heard in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Such Arbitrable Dispute shall be governed by the Federal Arbitration Act (“FAA”) to the exclusion of any state law inconsistent with the FAA. Except as may be required by law, or as may be required in an action to enforce, modify, or vacate the Underlying Award, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. Furthermore, any discovery permitted in connection with an arbitration conducted under these Terms and Conditions or any Additional Terms shall be deemed confidential. Notwithstanding anything herein to the contrary, the Parties hereby agree that (i) an arbitration award issued pursuant to these Terms and Conditions or any Additional Terms (the “Underlying Award”) may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), (ii) the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award, and (iii) the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a “Notice of Appeal” with any AAA office. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE PARTY, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. FURTHER, ANY CLAIM REGARDING THE PROVISION OF SERVICES AT ANY ONE FACILITY SHALL NOT FORM THE BASIS FOR LIABILITY AGAINST OTHER FACILITIES, LOCATIONS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED ENTITIES. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF DIFFERENT CUSTOMERS, PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, OR AWARD RELIEF TO ANY PERSON OR ENTITY OTHER THAN THE INDIVIDUAL PARTY ASSERTING THE CLAIM.
B. Venue And Governing Law
If the Arbitration Agreement above does not apply by reason of being ruled unenforceable by an arbitrator or a court of competent jurisdiction, any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or Facilities shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in St. Louis County, although the Company retains the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions and any Additional Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY ADDITIONAL TERMS.
All matters relating to these Terms and Conditions and any Additional Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
C. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms and Conditions or any Additional Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions or any Additional Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions or any Additional Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions and any Additional Terms will continue in full force and effect.
D. Entire Agreement
These Terms and Conditions, and any Additional Terms constitute the sole and entire agreement between you and the Company with respect to all Services and Facilities and any purchases made by you, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same.
YOU ARE RESPONSIBLE FOR READING THESE TERMS AND CONDITIONS AND ALL ADDITIONAL TERMS CAREFULLY BEFORE SIGNING, CLICKING “ACCEPT” (IF APPLICABLE), OR OTHERWISE ACCEPTING THE SAME AND BEFORE ACCESSING OR USING THE SERVICES. BY DOING ANY OF THE FOREGOING AND/OR ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS AND ALL ADDITIONAL TERMS.
NOTE THAT THESE TERMS AND CONDITIONS SIGNIFICANTLY ALTER YOUR LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY ARBITRATION PROVISION CONTAINS A CLASS ACTION WAIVER. PLEASE REVIEW THEM CAREFULLY PRIOR TO USING ANY COMPANY SERVICES.