BY USING THIS SERVICE, YOU AGREE THAT THE SERVICE IS NOT A SUBSTITUTE FOR AN EMERGENCY CONSULTATION FACILITY AND THAT NEITHER THE COMPANY NOR THE EXPERTS (AS DEFINED BELOW) CAN PROVIDE ADVICE OR CONSULTATION REGARDING IMMEDIATE EMERGENCY ATTENTION. IF YOUR PET IS IN IMMEDIATE MEDICAL NEED OR HAS BEEN IN AN ACCIDENT, YOU AGREE TO CONTACT YOUR REGULAR VETERINARIAN, LOCAL ANIMAL HOSPITAL, AND/OR EMERGENCY HOSPITAL IMMEDIATELY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (AS FURTHER EXPLAINED BELOW). YOUR USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS.
THESE TERMS ALSO EXPLAIN THE CONSENT YOU PROVIDE TO US TO CONTACT YOU USING THE TELEPHONE NUMBERS YOU PROVIDE TO US, INCLUDING VIA AUTOMATED DIALING OR TEXTING SYSTEMS (SEE BELOW FOR MORE INFORMATION).
Service is a Technology Platform
Our Service Does Not Provide Medical Advice
Users Cannot Rely on the Term “Expert”
Every Expert who provides information on the Website has had at least one license or credential relevant to the category for which they are answering questions. Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term “Expert” by AnimalWiz and on the website is only meant to describe those individuals who answer questions on the website, and not to guarantee any particular level of expertise of these Experts.
Regarding the verification process, we contract with third-party service providers to perform the verifications described above; we do not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to us by the third-party verification services, as of the time of the providing of information. We use best efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee an Expert’’s purported identity or skill level. Based on the foregoing, we cannot and do not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Experts. You acknowledge that AnimalWiz will not be liable for any loss or damages caused by your reliance on any information or content contained in an Expert’s profile or communications. AnimalWiz makes no representations or warranties whatsoever with respect to any aspect, including accreditation, registration or licensing, of any Expert or Practice requested and provided by Users through the Service.
Before you can interact with an Expert, you will be required to agree to a disclaimer reminding you of these and other important provisions of the Terms.
The health information furnished on the Service and the interactive responses (if any) furnished by or through the Platform are not intended to or implied to be professional veterinary medical advice. You are encouraged to consult other sources and confirm the information contained within the Service. Consult your own veterinarian regarding the applicability of any opinions or recommendations with respect to your pet’s symptoms or medical conditions. For medical concerns, including decisions about medications and other treatments, you should always consult your veterinarian. In serious cases, seek immediate assistance from veterinary emergency personnel. If you know or suspect that your pet may have a medical problem or condition, please contact a veterinarian immediately. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SERVICE (including but not limited to texts, emails, phone support). No medications, diet supplements or treatments as may be described on this Site should be administered or begun without first consulting your veterinarian
Appointments with Veterinary Practices and Other Specialists
The Company and its Experts do not diagnose or treat any medical conditions. You accept that any services or advice received from a Practice are at Your own risk, and You are entirely responsible for the decisions made based on information provided by them during an Appointment or other setting. Any treatment, diagnosis or opinion given is the opinion of the Practice’s treating veterinarian and not of the Company, and the Company disclaims any and all liability whatsoever in connection therewith.
Restrictions on Your Use of the Service
You agree that when using the Service, You will not:
● Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Service.
● Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Service.
● Frame or mirror any part of the Service.
● Submit or post any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by Us in Our sole discretion).
● Copy, download, distribute, transmit, upload, or transfer content provided by the Service or the personal information of others without Our prior written permission or authorization.
● Resell, sub-license, or lease any of the content related to the Service.
● Use the Service to make unsolicited offers, requests, advertisements, spam, pyramid schemes, chain letters, or other forms of solicitation.
● Impersonate or pretend to be anyone else but You; falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Service; or express or imply that We endorse any statement You make.
● Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties, or any applicable laws or local rules related to the Internet, data, email, online conduct, and transmission of technical data.
● Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of Users or others including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
Suspension or Termination of Service
At any time, with or without notice, for any or no reason, We reserve the right to modify or discontinue any portion or all of the Platform or Service, and to restrict, suspend and terminate Users’ accounts. The procedure for termination by AnimalWiz of Experts’ accounts is set forth in their Independent Contractor Agreement.
The User Content (including, without limitation, ratings and reviews) does not reflect the views of AnimalWiz. You acknowledge and agree that AnimalWiz is not responsible for the accuracy or availability of User Content, and AnimalWiz neither endorses nor is responsible or liable for any User Content that appears through Our Service. Therefore, Your reliance on User Content is at Your own risk. AnimalWiz shall have the right (but not the obligation) to delete, remove, monitor, or edit, without prior notice, any User Content that We determine, in Our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the User Content and/or Our Service.
AnimalWiz does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. AnimalWiz makes no representations concerning, and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of Your User Content by third parties, including by or through search engines. You expressly waive any and all claims You may have against AnimalWiz and release AnimalWiz from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by AnimalWiz.
Claims of Copyright Infringement
● A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
● Identification of the copyrighted work(s) that You claim has been infringed;
● A description of the material that You claim is infringing and the location of that material on the Website;
● Your address, telephone number and email address;
● A statement by You that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Send the completed notice to Our Designated Agent for claims of copyright infringement at: Legal Department, 7100 Stevenson Blvd., Suite #121 Fremont, CA, 94539; legal@AnimalWiz.com.
Registration and Account Information
, If You provide credit or debit card information to pay for the Paid Service, then You hereby represent and warrant that You are authorized to supply such information and hereby authorize AnimalWiz to charge Your debit or credit card on a regular basis to pay the fees as they become due. The terms of Your payment will be based on Your payment method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your payment method. If We, through the third-party payment processor, do not receive payment from You, You agree to pay all amounts due on Your account upon demand. We may also block Your access to any Service pending resolution of any amounts due by You to Us.
Some of the Paid Service may consist of recurring period charges as agreed to by You. By choosing a recurring payment plan, You acknowledge that such services have an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation.
You agree that AnimalWiz shall not be liable for any issues regarding financial and monetary transactions between You and any other party. You are responsible for all transactions processed through Our Service. AnimalWiz is not liable for loss or damage from errant or invalid transactions processed through a third party payment processor. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed. You understand and agree to not hold AnimalWiz liable for any adverse effects that actions (whether intentional or unintentional) on the part of the third party payment processor may cause to any third party account or Your AnimalWiz account.
You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other applicable taxes that may be imposed by federal, state, local, or foreign governmental entities, based on the Service or any software or other product provided under this Agreement, excluding any taxes based on net income payable by AnimalWiz. If AnimalWiz has the legal obligation to pay or collect taxes for which You are responsible under this section, the appropriate amount shall be invoiced to and paid by You, unless You provide AnimalWiz with a valid tax exemption certificate authorized by the appropriate taxing authority.
Cancellation of Service and Refunds
Additionally, any of the services purchased through Third Party Platforms or the iOS and Android applications will not be eligible for refunds.
If You are a California resident, pursuant to California Civil Code Section 1789.3, California websites users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE ANIMALWIZ PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ANIMALWIZ OR THE USER CONTENT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ANIMALWIZ'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ANIMALWIZ AND THE OTHER ANIMALWIZ PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THE SERVICES EXCEED (A) THE AMOUNT PAID BY YOU TO ANIMALWIZ, IF ANY, OR (B) $100 (WHICHEVER IS LESS). THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE ANIMALWIZ AND THE ANIMALWIZ PARTIES' SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE ANIMALWIZ AND THE OTHER ANIMALWIZ PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH ANIMALWIZ PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE SERVICES. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Arbitration Agreement &Waiver of Certain Rights
a. Applicability. You and AnimalWiz agree that any dispute or claim arising out of or relating in any way to your use of the Service, these Terms or your receipt of any communications from AnimalWiz will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify, remain in such court and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Service, any other goods or services made available through the Service, your relationship with AnimalWiz, the threatened or actual suspension, deactivation or termination of your account with AnimalWiz, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by AnimalWiz, any communications you receive from AnimalWiz, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of AnimalWiz, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with AnimalWiz and any such claims and disputes may be governed by separate agreements.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Legal Department, 7100 Stevenson Blvd., Suite #121 Fremont, CA, 94539. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_1.pdf. AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay AAA’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from AAA, AnimalWiz will pay them for you. In addition, AnimalWiz will reimburse all such AAA’s filing, administrative, hearing and/or other fees for proceedings involving claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. AnimalWiz will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator — not a court — shall have exclusive authority to
(i) determine the scope and enforceability of these Terms (including this Arbitration Agreement),
(ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and
(iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Pet Care Provider Platform Use Agreement, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7. The arbitration will decide the rights and liabilities, if any, of you and AnimalWiz. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and AnimalWiz.
d. Waiver of Jury Trial. YOU AND AnimalWiz HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Los Angeles County, California for adjudication before a judge, not a jury. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by emailing a written notice of your decision to opt out to: email@example.com , within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your AnimalWiz username (if any), the email address you used to set up your AnimalWiz account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you.
g. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with AnimalWiz. h. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if AnimalWiz makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing AnimalWiz a notice of your rejection at the following address: firstname.lastname@example.org . Your rejection of any such changes shall not affect the enforceability of any version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with AnimalWiz
Third-Party Accounts and Platforms
If You decide to link a Third Party Account, or sync the Service with a Third Party Device, You authorize Us to access and use certain Third Party Account information, including but not limited to the public profiles on Your Third Party Account, information about friends or contacts You might share in common with other Users, or information collected by Third-Party Devices. You will have the ability to disable the connection between Your AnimalWiz and Your Third Party Accounts at any time.
YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
By creating an AnimalWiz account, You consent to receive electronic communications from AnimalWiz. These communications may include notices about Your account (e.g., payment authorizations, password changes and other transactional information) and are part of Your relationship with Us. We may also send You promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information We think will be of interest to You. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or emailing Us at email@example.com
Governing Laws; Statute of Limitations
Dispute Resolution: Arbitration, Class Action Waiver, and Jurisdiction
Before any party may seek arbitration, the party must first send a written “”Notice of Dispute”” to the other party describing the nature and basis of the claim or dispute, and the requested relief. Any notice to AnimalWiz should be sent to: Thought Apps, Inc. dba AnimalWiz 7100 Stevenson Blvd., Suite 121 Fremont, CA 94539. After the Notice of Dispute is received, You and AnimalWiz may attempt to resolve the claim or dispute informally. If You and AnimalWiz are unable to resolve the dispute within thirty (30) days after receipt of the Notice, either party may begin an arbitration proceeding.
If either party brings a claim in court that should be arbitrated or either party refuses to arbitrate a claim that should be arbitrated, the other party may ask a court to force the parties to “”compel”” arbitration to resolve the dispute. Either party can also ask a court to stop a court proceeding while an arbitration proceeding is ongoing.
The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section, will govern the arbitration. For any claim where the total amount of the award sought is $10,000 or less, the AAA, You and AnimalWiz must abide by the following rules: (A) the arbitration will be conducted solely based on written submissions; and (B) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Jose, California. The arbitrator’’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be exclusively brought in the state or federal courts located in San Jose, California. Claims of infringement or misappropriation of AnimalWiz’’s intellectual property rights will be exclusively brought in the state and federal courts located in San Jose, California. The Agreement is made under and will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.