Last Updated: February 26 2020
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DOGGO THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms and Services
Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, we’ll let you know either by posting the updated Terms on our Site and our App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided the section entitled “Effect of Changes on Arbitration,” you may not use the Services anymore. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.
Accessing the Services
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Doggo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Doggo reserves the right to modify, revise, or remove the Services we provide, including the Site, at Doggo’s sole discretion without notice. Doggo may restrict access to some parts of the Site, or other Services. Doggo will not be liable for any outages to the Site or other Services that may occur, for whatever reason.
Who May Use the Services?
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Doggo and are not barred from using the Services under applicable law.
If you want to use certain features of the Services you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content Ownership, Responsibility and Removal
- Definitions: For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users, visitors, guests, or Account holders (including you) provide to be made available through the Services including without limitation, any reviews, ratings, and comments you provide. Content includes without limitation User Content.
- Our Content Ownership: Doggo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Doggo and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
- Rights in User Content Granted by You: By making any User Content available through the Services you hereby grant to Doggo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
- Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Doggo on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Rights in Content Granted by Doggo: Subject to your compliance with these Terms, Doggo grants you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Your Representations, Warranties and Covenants
By using the Services, you expressly represent and warrant that your use of the Services is solely for your personal use. When using the Services, you agree to comply with all applicable laws. By using the Services, you agree that you:
- You will only use the Services for lawful purposes, using only authorized means; you will not use the Services for sending or storing any unlawful material or communications or for deceptive or fraudulent purposes.
- You will not use the Services, or any Content accessible through the Services, for any commercial purpose, including but not limited to competing with Doggo services.
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any Content displayed through the Services except for your personal, noncommercial use.
- You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
- You will only use the Services for your own use and will not resell the Services to a third party.
- You will not conduct any systematic retrieval of data or other Content from the Services, and you will not copy any Content displayed through the Services, including but not limited to a policy information for republication in any format or media.
Rights and Terms for the Doggo App
- Rights in App Granted by Doggo: Subject to your compliance with these Terms, Doggo grants you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Doggo reserves all rights in and to the App not expressly granted to you under these Terms.
- Accessing App from App Store: The following terms apply to any App accessed through or downloaded from any app store or distribution Services (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Doggo, and not with the App Provider, and Doggo (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Doggo.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Doggo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
General Prohibitions and Doggo’s Enforcement Rights
You agree not to do any of the following:
- use, display, mirror or frame the Services or any individual element within the Services, Doggo’s name, any Doggo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Doggo’s express written consent;
- use the Services in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws regarding related to the export of data or software to and from the US or other countries;
- access, tamper with, or use non-public areas of the Services, Doggo’s computer systems, or the technical delivery systems of Doggo’s providers;
- impersonate or attempt to impersonate Doggo, a Doggo employee, contractor or agent, another user, or any other person or entity;
- attempt to probe, scan or test the vulnerability of any Doggo system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Doggo or any of Doggo’s providers or any other third party (including another user) to protect the Services;
- use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site;
- attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Site, or any server, computer or database connected to the Site;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to operate the Services;
- collect or store any personally identifiable information from the Services; and/or
- encourage or enable any other individual to do any of the foregoing.
For some activities related to the Services, Doggo may permit you to use a personal computer equipped with an active connection to an internet service provider to access your Doggo accounts and policies, and to perform certain transactions as available. To facilitate this, you may be given the option to sign certain documents including, but not limited to, quotes, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Communications”) electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the Terms in such Communication just as if you had signed your name to a paper document.
Payments and Payment Services
You understand and agree that, by applying for and agreeing to your policy quote, you will be authorizing Doggo, or our above-named underwriters, to collect, store, transfer, and charge your payment method on file for the agreed upon amount plus a $2 admin fee. You understand the charge will recur monthly on the same date the policy became effective. You understand that in order to cancel coverage, you will need to notify Doggo via regular mail, fax, or email ([email protected]) at least 10 days in advance of your next premium payment, as described in the Pet Health Insurance Policy. Finally, you understand that the rate for your policy may increase in the future, and if so, you will be notified of the change via the email address you have provided.
All Charges and payments will be enabled using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Doggo. Doggo may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services.
Endorsements that we use on the site have been given willingly by our customers and supporters. They have not been paid for by Doggo.
The following disclaimers are made on behalf of Doggo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR- FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
You agree to indemnify, protect and hold Doggo and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys’ fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Doggo or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of or in connection with: (i) your User Content; (ii) your failure to comply with any of these Terms; (iii) violation of any applicable laws, rules or regulations related to your use of the Services; and (iv) your use of the Services.
Doggo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Doggo in asserting any available defenses.
Limitation of Liability
NEITHER DOGGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Doggo OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL DOGGO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE THOUSAND US DOLLARS ($1000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOGGO AND YOU.
Doggo makes no representation that all insurance products and services on the Site are appropriate or available for use in your jurisdiction. Some insurance products and services may not be available in all jurisdictions. If you choose to access the Site, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules and regulations. The information contained on the Site is not an offer to sell or a solicitation to buy, any insurance product, security, or service.
Reliance on Information Posted
The information presented throughout the Site (and Services) is made available for general information purposes only. Doggo does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
The Services may from time to time contain information relating to various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other medical professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problem or disease. You should always consult your own veterinarian and medical advisors.
Links to Third Party Websites or Resources
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
- Mandatory Arbitration of Disputes: You and Doggo each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, including any dispute relating to the arbitration provisions themselves (collectively, “Disputes”) will be resolved solely by binding individual arbitration and not in a class, representative or consolidated action or proceeding. You and Doggo agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Doggo are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-Out: As limited exceptions to subsection (1) above: (i) you may seek to resolve a Dispute in small claims court in your county of residence or in the Superior Court of California, County of San Francisco, if all the requirements of the small claims court are satisfied; and (ii) we each retain the right to seek injunctive or other equitable relief from a state or federal court located in the Northern District of California specifically to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to these Terms.
- Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of these arbitration terms.
- Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Class Action Waiver: YOU AND DOGGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration: Notwithstanding the provisions of Section entitled “Changes to Terms and Services” above, if Doggo changes any of the terms of this Section entitled “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Doggo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Doggo in accordance with the Terms of this Section entitled “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Severability: With the exception of any of the provisions in subsection 5 (“Class Action Waiver”), if an arbitrator or a court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
All quotes offered by the Site or App are estimates based upon the information you provided to Doggo and are not a contract or agreement to extend insurance coverage and are subject to change at any time. Your initial quote may differ from your final premium amount due, for various reasons, including but not limited to the passage of time between the quote and your policy application or if the information you provide on your policy application differs from what was provided for the quote. Quotes are provided by C&F INSURANCE AGENCY, INC.. Coverage descriptions provided anywhere in our Services are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to Doggo. All applications are subject to underwriting approval. Coverages and availability may vary by state or province. additional minimum coverage limits may be available in your state.
Any notices or other communications provided by Doggo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights
Doggo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Doggo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms constitute the entire and exclusive understanding and agreement between Doggo and you regarding your use of the Services, and these Terms supersedes and replaces any and all prior oral or written understandings or agreements between Doggo and you regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Doggo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Doggo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Doggo is committed to the principles of equal employment opportunity. Applications are considered for all positions without regard to race, sex, sexual orientation, ethnicity, religion, national origin, age, disability (so long as such disability can be reasonably accommodated), or any other status protected by applicable law. Doggo encourages all qualified applicants to apply.
If you have any questions about these Terms or the Services, please contact Doggo at [email protected]