Fetch Forward™ Terms of Service

Last Updated February 1, 2023
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Welcome to Fetch Forward!

Thanks  for  using  the  Fetch  Forward  services  (including  the  Fetch  Forward  and  the  Fetch  by  The  Dodo website, and mobile and web-based applications, and any other tools, products, or services provided by Fetch,  Inc.  that  link  to  or  reference  these  Terms)  (collectively,  the  “Services”).  The  Services  include  the “Fetch  Forward”  service  and  the  “VetPortal”.  The  Services  are  provided  by  Fetch,  Inc.  (“Fetch”,  “we,” “our,” or “us”), located at 101 Greenwich Street, New York, NY 10006, U.S.A.

By using our Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully.  Our  Services  are  very  diverse,  so  sometimes  additional  terms  or  product  requirements  (including  age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services.  By accessing or using the Services, you intend and agree to be legally bound by these Terms.   You may wish to print or save a local copy of the Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 8 AND 9 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

1. Using our Services

You must follow any terms or policies made available to you within the Services, including our insurance Terms and Conditions.  In the event of any conflict between these Terms and the insurance Terms and Conditions, the insurance Terms and Conditions will control with respect to the subject matter in conflict.

Don’t  misuse  our  Services.   For  example,  don’t  interfere  with  our  Services,  try  to  access  them  using  a method  other  than  the  interface  and  the  instructions  that  we  provide,  or  extensively  or  automatically copy  any  content  from  the  Services  (in  other  words,  no  scraping).   Additionally,  you  may  not  use  any Content (as defined in the next paragraph) that appears on the Services for a competitive purpose.  You may  use  our  Services  only  for  your  personal  non-commercial  use,  and  as  permitted  by  law,  including applicable  export  and  re-export  control  laws  and  regulations.  We  may  suspend  or  stop  providing  our Services  to  you  if  you  do  not  comply  with  our  terms  or  policies,  if  we  are  investigating  suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”), including any reports (“Reports”) made  available  through the  Services.  Reports  include  the  output  of  Fetch  Forward  or  the  VetPortal.  You  may  not  use  Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Fetch name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services or Reports.

You  are  welcome  to  share  Reports  publicly  for  personal,  non-commercial  purposes,  such  as  on  social media.  But please do not remove our name, logo or branding from the Reports if you do. Our  Services  display  some  Content  that  is  not  our  own.   For  example,  some  Content  belongs  to  our advertisers, other third parties,   or other users (collectively, “Third Party Content”) or is Your Content (as defined in Section 6 below).  We are not responsible for, and you waive all of our liability with respect to, Third Party Content or Your Content.  Third Party Content and Your Content are the sole responsibility of the  individual  or  entity  that  makes  it  available  via  the  Services.  We  may  review  Third  Party  Content  or Your Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.  

In  connection  with  your  use  of  the  Services,  we  may  send  you  service  announcements,  administrative messages,  and  other  information.  You  may  opt  out  of  our  marketing  emails  by  clicking  on  the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages.Please be aware that there may be a brief period before we are able to process your opt-out.

2. Your Fetch Account

You may need an account in order to use the Services. If you create your own account, you agree that all registration information you give us will be accurate and current.  You will timely notify us of any changes to any of the foregoing information.  You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for  all  activities  that  occur  under  your  Services  accounts,  including  the  activities  of  any  individual  with whom you share your Services account or an Activated Device.

To  protect  your  account,  keep  your  password  confidential.  You  are  responsible  for  the  activity  that happens  on  or  through  your  account.   If  you  learn  of  any  unauthorized  use  of  your  password,  please contact us at [email protected]

3. Payment

We may charge a fee for certain Reports.  We will display the price in the Services.  Purchases of Reports are final and non-refundable.  However, if you reasonably demonstrate to us that a Report was purchased fraudulently,  we  will  provide  a  refund  and  request  that  you  delete  the  Report.  You  agree  to  pay  all amounts owed to us for the Services, including any purchased Reports, under any terms, policies or other written or electronic agreement we may have in place.  We may require you to maintain valid credit card or  other  payment  account  information  with  us  in  order  to  receive  the  Services,  and  if  so,  you  hereby authorize us to charge your credit card or other payment account for the Services. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date  payment  information  or  to  keep  your  payments  current,  we  reserve  the  right  to  immediately either  suspend  or  terminate  your  access  and  account  immediately  without  notice,  thereby  terminating these  Terms.  Any  failure  to  maintain  valid,  up-to-date  payment  information  with  us  or  to  keep  your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts  at  the  rate  of  1.5%  per  month  or  the  highest  rate  permitted  by  applicable  law,  whichever  is lesser.   You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.

4. Privacy and Feedback

Our privacy policy explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others  via  your  use  of  the  Services.   You  assume  all  privacy,  security,  and  other  risks  associated  with providing any information, including personally identifiable information, to other users of the Service.  

If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.

5. Content You Submit or Share

You  may  submit,  upload,  and  share  videos,  pictures,  text  and  other  content  to  or  through  the  Services (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.

When you upload, submit, or otherwise share Your Content to or through our Services, you give us (and those  we  work  with)  a  royalty-free,  worldwide  license  to  use,  host,  store,  reproduce,  modify,  create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your  Content  works  better  with  our  Services),  communicate,  publish,  publicly  perform,  publicly  display and distribute Your Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.  Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You agree that you will not use the Services to:

• Violate any law or a third-party’s rights;

• Submit excessive or unsolicited commercial messages or spam any users;

• Submit malicious content or viruses;

• Solicit other people’s login information, credit card numbers, or other sensitive information;

• Harass or bully other users; or

• Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

6. About Software in our Services

You may be required to download software (such as a mobile or desktop app) to use the Services or certain features  of  the  Services,  and  the  Services  may  enable  you  to  access  software  running  on  our  (or  our vendors’) servers (collectively, “Software”).  You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

Fetch gives you a personal, non-commercial,  worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.  You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer the Services, Software or Reports, or attempt to extract the source code of the Services, Software or Reports, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software”  is  used  in  the  context  of  our  ownership.  The  same  terms  and  conditions,  including  all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in  the  Software.  You  acknowledge  and  agree  that  any  third-party  components  are  owned  by  their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without  further  notice.  You  agree  that  such  third-party  software  licensors  are  intended  third-party beneficiaries under these Terms.

7. Modifying and Terminating our Services

We  are  constantly  changing  and  improving  our  Services.  We  may  add  or  remove  functionalities  or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability.

We may also stop providing Services to you, or add or create new limits to our Services, at any time.

Sections 7 - 14 will survive termination or expiration of these Terms indefinitely.

8. Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER FETCH NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR REPORTS. FOR EXAMPLE,  WE  DON’T  MAKE  ANY  COMMITMENTS  ABOUT  THE  CONTENT  WITHIN  THE  SERVICES  OR REPORTS,  THE  SPECIFIC  FUNCTIONS  OF  THE  SERVICES,  OR  THE  RELIABILITY  OR  AVAILABILITY  OF  THE SERVICES OR REPORTS, OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS.  WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE SERVICES OR  REPORTS.   WE PROVIDE THE SERVICES AND ALL  INFORMATION  PROVIDED  THROUGH THE SERVICES “AS-IS.”

ADDITIONALLY,  REPORTS  ARE  PROVIDED  AS-IS  AND  WITHOUT  ANY  WARRANTIES,  INCLUDING  ANY WARRANTY OF ACCURACY.   REPORTS DO   NOT CONSTITUTE VETERINARY ADVICE. REPORTS ARE BASED ON AGGREGATE INFORMATION AND DO NOT REFLECT ANY INDIVIDUAL ANIMAL’S HEALTH AND SHOULD NOT BE USED IN THE DIAGNOSIS OR TREATMENT OF ANY ANIMAL.  FETCH IS NOT RESPONSIBLE FOR ANY DECISIONS  YOU  MAKE  BASED  ON  THE  INFORMATION  IN  A  REPORT,  INCLUDING  THE  DECISION  OF WHETHER  OR  NOT  TO  PURCHASE  AN  INSURANCE  PRODUCT  AND  ANY  DECISIONS  ABOUT  INSURANCE COVERAGE,  INCLUDING  WITHOUT  LIMITATION  DEDUCTIBLE  LEVEL,  POLICY  LIMITS,  AND  COVERAGE OPTIONS.  YOUR USE OF REPORTS IS ENTIRELY AT YOUR OWN RISK.

SOME   JURISDICTIONS   PROVIDE   FOR   CERTAIN   WARRANTIES,   LIKE   THE   IMPLIED   WARRANTY   OF MERCHANTABILITY,  FITNESS  FOR  A  PARTICULAR  PURPOSE  AND  NON-INFRINGEMENT.  TO  THE  EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND  THEIR  OFFICERS,  DIRECTORS,  EMPLOYEES,  AND  AGENTS    (COLLECTIVELY,  “RELEASED  PARTIES”) FROM,  AND  AGREE  NOT  TO  SUE  ANY  RELEASED  PARTY  FOR,  ANY  LIABILITIES,  CLAIMS,  OBLIGATIONS, SUITS,  ACTIONS,  DEMANDS,  EXPENSES,  AND  DAMAGES  WHATSOEVER  (COLLECTIVELY,  “LIABILITIES”) THAT  YOU  MAY  HAVE  AGAINST  ANY  RELEASED  PARTY  WHETHER  EXISTING  NOW  OR  IN  THE  FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT  RELATED  TO  USE  OF  THE  SERVICES.    YOU  UNDERSTAND  AND  ACKNOWLEDGE  THAT  THE FOREGOING  SENTENCE  RELEASES  AND  DISCHARGES  ALL  LIABILITIES,  WHETHER  OR  NOT  THEY  ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542.  YOU  UNDERSTAND  THE  MEANING  OF  CALIFORNIA  CIVIL  CODE  SECTION  1542,  WHICH  READS  AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

9. Liability for our Services

TO  THE  EXTENT  NOT  PROHIBITED  BY  LAW,  FETCH  (AND  ITS  OFFICERS,  DIRECTORS,  EMPLOYEES,  AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR  LOST  PROFITS,  REVENUES,  OR  DATA,  FINANCIAL  LOSSES  OR  INDIRECT,  SPECIAL,  CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF FETCH (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND  ALL  CLAIMS  UNDER  THESE  TERMS  OR  RELATING  TO  YOUR  USE  OF  THE  SERVICES,  INCLUDING  FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES EXCLUDING INSURANCE PREMIUMS (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).

IN  ALL  CASES  RELATING  TO  PROVIDING  YOU  THE  SERVICES,  FETCH  (AND  ITS  OFFICERS,  DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE  LIABLE  FOR  ANY  LOSS  OR  DAMAGE  THAT  IS  NOT  REASONABLY  FORESEEABLE  OR  THAT  IS  DUE  TO EVENTS  OUTSIDE  OF  OUR  REASONABLE  CONTROL,  SUCH  AS  WARS,  CRIMINAL  ACTIVITIES,  STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF  COMMON  CARRIERS),  PUBLIC  HEALTH  EMERGENCY,  NATURAL  DISASTERS,  ACTS  OF  GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

10. Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

11. Indemnification

You hereby agree to indemnify, defend, and hold harmless Fetch, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives,  partners,  and  contractors  from  and  against  all  claims,  losses,  expenses,  damages  and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or  alleged  breach  of  these  Terms,  Your  Content,  or  your  use  or  misuse  of  the  Services  or  Reports.  However,  you  will  not  be  responsible  for  claims,  damages,  and  costs  which  are  found  by  a  court  of competent jurisdiction to have arisen solely from our violation of applicable law.  

12. About these Terms

We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms.  We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email.    By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms.   If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.

These  Terms  control  the  relationship  between  Fetch  and  you.  They  do  not  create  any  third-party beneficiary rights (except in the limited case of Section 13).  If you do not comply with these Terms, and we  don’t  take  action  right  away,  this  doesn’t  mean  that  we  are  giving  up  any  rights  that  we  may  have (such as taking action in the future).  If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the State of New York, excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent.  We may assign these terms or assign or delegate any of our rights or obligations at any time.  

For information about how to contact Fetch, please visit our contact page.

13. Third Party Terms

You agree that in addition to these Terms, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play  terms  of  service,  if  you  download  the  app  from  Google  Play,  or  any  other  third  party  platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Services.

Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and Fetch acknowledge and agree to the following:  This agreement is concluded between you and Fetch only, and not with Apple Inc. (“Apple”). The mobile app downloaded from Apple may only be used on Apple hardware products. Fetch, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fetch’s sole responsibility.  Fetch, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or 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  or similar legislation.   In the event of any third-party claim that the app or your possession and use of the app  infringes  that  third  party’s  intellectual  property  rights,  Apple  will  have  no  responsibility  for  the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  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.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.

14. Binding Arbitration

Without limiting your waiver and release in Section 8, you agree to the following:

a. Purpose.  Any  and  all  Disputes  (as  defined  below)  involving  you  and  Fetch  will  be  resolved  through individual  arbitration.  In  arbitration,  there  is  no  judge  or  jury  and  there  is  less  discovery  and  appellate review  than  in  court.  This  Section  14  (the  "Arbitration  Provision")  shall  be  broadly  interpreted. Notwithstanding anything to the contrary in these Terms, this Section 14 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services, Software or Reports,  including  but  not  limited  to  any  and  all:  (1)  claims  for  relief  and  theories  of  liability,  whether based  in  contract,  tort,  fraud,  negligence,  statute,  regulation,  ordinance,  or  otherwise;  (2)  claims  that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.  As used in this Arbitration Provision, "Fetch" means Fetch and any  of  its  predecessors,  successors,  assigns,  parents,  subsidiaries  and  affiliated  companies  and  each  of their  respective  officers,  directors,  employees  and  agents,  and  “you”  means  you  and  any  users  or beneficiaries of your access to the Services, Software or Reports.

c. Initiation  of  Arbitration  Proceeding/Selection  of  Arbitrator. The  party  initiating  the  arbitration proceeding  may  open  a  case  with  JAMS,  formerly  Judicial  Arbitration  and  Mediation  Services,  Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Fetch by mail to 101 Greenwich Street, New York, NY 10006, U.S.A.

d. Right  to  Sue  in  Small  Claims  Court. Notwithstanding  anything  in  this  Arbitration  Provision  to  the contrary, either you or Fetch may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This  Arbitration  Provision  shall  be  governed  by  the  Federal  Arbitration  Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Fetch  about  your  Dispute.  You  can  obtain  the  JAMS  Rules  from  the  JAMS  by  visiting  its  website (www.jamsadr.com)  or  calling  its  toll-free  number  (1-800-352-5267).  If  there  is  a  conflict  between  this Arbitration  Provision  and  the  rest  of  these  Terms,  this  Arbitration  Provision  shall  govern.  If  there  is  a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under  this  Arbitration  Provision  as  written  applying  the  JAMS  Rules.  A  single  arbitrator  will  resolve  the Dispute. Unless you and Fetch agree otherwise, any arbitration hearing will take place in  New York, NY.   The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a  reasoned  written  decision  that  explains  the  arbitrator’s  essential  findings  and  conclusions.  The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
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f. Waiver of Class Actions and Collective Relief. THERE  SHALL  BE  NO  RIGHT  OR  AUTHORITY  FOR  ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS.  THE  ARBITRATOR  MAY  AWARD  RELIEF  ONLY  IN  FAVOR  OF  THE  INDIVIDUAL  PARTY  SEEKING RELIEF  AND  ONLY  TO  THE  EXTENT  NECESSARY  TO  PROVIDE  RELIEF  WARRANTED  BY  THAT  INDIVIDUAL PARTY’S  CLAIM.  THE  ARBITRATOR  MAY  NOT  CONSOLIDATE  MORE  THAN  ONE  PERSON’S  CLAIMS,  AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS  fees  and  costs  will  be  governed  by  the  JAMS  Rules.  If  your  claims  seek  less  than  $75,000  in  the aggregate, the payment of the JAMS fees and costs will be Fetch’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set  forth  in  Federal  Rule  of  Civil  Procedure  11(b)),  the  payment  of  the  JAMS’s  fees  and  costs  shall  be governed by the JAMS Rules and you shall reimburse Fetch for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Fetch will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND FETCH AGREE TO WAIVE THE RIGHT  TO  A  TRIAL  BY  JURY  TO  THE  FULLEST  EXTENT  ALLOWED  BY  LAW.  If  any  other  clause  in  this Arbitration  Provision  is  found  to  be  illegal  or  unenforceable,  that  clause  will  be  severed  from  this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.