Terms of trade

TERMS OF SERVICE
(Online Dog Video Website, Products and Services)
PEPITA VIDEO PRODUCTION INC.

Onlinedogvideo.com provides a personalized subscription service to its members that allows members to access videos about animals, including animal training and animal entertainment videos. Our videos can be streamed to certain devices that have an active internet connection, but Online Dog Video is not an internet service provider.

You are reading these Terms of Service (“Terms of Service”) because you are using the Onlinedogvideo.com website or one of our products or services, all of which are part of Online Dog Video’s subscription service (collectively, the “Service”). These Terms of Service are updated and valid for new and existing members and other customers of Online Dog Video as of August 1, 2020. Except to the extent Simplero.com’s (the website and service through which Users subscribe to Online Dog Video’s Service) Terms and Conditions of Use control, these Terms of Service govern all Online Dog Video and its Affiliates’ Memberships, the Onlinedogvideo.com website and any other websites associated with the Service, and the Service itself, including, without limitation, functionality, contents, recommendations, reviews, customer relations, and all other aspects thereof.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY ONLINE DOG PRODUCT, SERVICE, WEBSITE OR ANY OTHER ELEMENT OF THE ONLINE DOG SERVICE:

Section 1. Acceptance of Terms of Service.

This website is owned and operated by Pepita Video Production Inc., a Delaware corporation (“Online Dog Video” or “we”). Membership in Onlinedogvideo.com and use of this website and any other portion of Online Dog Video’s Service is conditioned upon each user’s (each, a “User”, or “you”/”your”) acceptance of all terms and conditions set forth in these Terms of Service. These Terms of Service govern your access to and use of Online Dog Video’s Service. If any User chooses to continue using or accessing this website or any other aspect of Online Dog Video’s Service after having had an opportunity to read these Terms of Service, then by that User’s continued use of this website or any other portion of Online Dog Video’s Service and/or by such User becoming or remaining a member of the Service by paying the Membership Fee for the Service (“Membership”), the User evidences that the User recognizes, acknowledges and agrees that Online Dog Video has provided the User with valuable consideration by offering access to this website and to descriptions of Online Dog Video’s products and services. Each User, by such continued use of the website or the Service or through such User’s Membership, understands and agrees that in exchange for that right, the User has consented to and agreed to comply with all of the Terms of Service set forth in this agreement.

User agrees that User uses the Onlinedogvideo.com website and other portions of Online Dog Video’s Service at User’s own risk. If any User does not agree to these Terms of Service, that User may not use any element of Online Dog Video’s Service, must exit this website and any related Service, and stop using any Online Dog Video product and/or service, including the Service, immediately

Section 2. Membership.

2.1. Your Membership to Onlinedogvideo.com will continue until terminated by either party to this agreement (“Membership Term”). Use of the Service will require access to the internet. You will need to provide one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, such as a credit or debit card, which may need to be updated from time to time. If you fail to cancel your Membership in the Service before your billing date, you authorize Online Dog Video to charge to your Payment Method the then-current fee for the type of subscription to the Service (“Membership Fee”) that you selected, for the next billing cycle. Membership Fees are charged on a monthly basis. For cancellation of your Membership in the Service, see the “Cancellation” section below.

2.2. With your Membership to the Service, you have access to unlimited streaming of Online Dog Video’s videos (provided that you have an internet connection). Online Dog Video will continue to update the Onlinedogvideo.com website with new videos. Online Dog Video reserves the right to make changes to, cancel or otherwise revise the Service and/or the Memberships that Online Dog Video offers.

2.3. Memberships in the Service will automatically renew. You will not receive notifications before your Membership renews. You will, however, receive a written order confirmation notice when your Membership renews.

Section 3. Membership Billing and Cancellation.

3.1. By completing the payment process for the Membership Fee on Online Dog Video’s website, you thereby consent to Membership on the terms and conditions of these Terms of Service. The Membership Fee is not reimbursable, and is due on a monthly basis. Upon payment of the Membership Fee, you will receive access to the Service. You will continue to have access to the Service for so long as you continue making Membership Payments; provided that you also do not violate any of these Terms of Service. You may cancel your Membership at any time. We may cancel your Membership at any time if we discover that your action or inaction in relation to the Service, Online Dog Video or Onlinedogvideo.com has harmed Online Dog Video, the Service, Onlinedogvideo.com, or any other User or third party, whether or not affiliated with Online Dog Video, the Service or Onlinedogvideo.com.

3.2. You must provide Online Dog Video with a current, valid, accepted Payment Method to obtain a Membership. For some Payment Methods, the issuer may charge you certain fees for using their service. Local taxes may also vary depending upon the Payment Method you use. You may want to check with the applicable service provider for further information.

3.3. Online Dog Video, either directly or through an online payment management service such as Simplero.com, will bill your Payment Method for your Membership in the Service. You hereby allow Online Dog Video to charge to your Payment Method the Membership Fee for your selected Onlinedogvideo.com Membership subscription. You further authorize Online Dog Video to charge Membership Fees to any alternate Payment Method that you provide and that is associated with your Membership if your primary Payment Method is declined or is no longer available as a Payment Method. All payments to Online Dog Video are nonrefundable and final, even when a Membership has been unused or only minimally used.

3.4. You remain responsible for any uncollected amounts due for the Membership if any of your Payment Methods fails for any reason, whether due to insufficient funds, expiration of a Payment Method, or otherwise, and your Membership is not timely canceled. Online Dog Video shall have the right, in its reasonable discretion, to terminate your Membership or suspend your Membership and access to the Service until you pay any outstanding amount due to Online Dog Video. Should legal action be necessary to collect any balances due, User agrees to reimburse Online Dog Video for all expenses Online Dog Video incurs in recovering the sums due, including without limitation, attorneys’ fees and other legal expenses.

3.5. You may cancel your Membership at any time, and thereafter, you will continue to have access to the Service through the end of your Membership billing period. To cancel your Membership, go to your “Account” on Onlinedogvideo.com or Onlinedogvideo.simplero.com, and follow the instructions to cancel your Membership. Upon cancellation of your membership, your account will automatically be suspended at the end of the Membership billing period.

3.6. Account information is available to you on your “Account” page at Onlinedogvideo.com or Onlinedogvideo.simplero.com.

3.7. From time to time, we may make changes to Onlinedogvideo.com’s prices and Membership subscription plans. If these changes affect you, we will provide you with 30 days’ written notice of the changes before they take effect.

Section 4. Onlinedogvideo Service.

4.1. The Service and website content are for personal, non-commercial uses only. For so long as you have an active, paid Membership, then you will have a limited, non-exclusive, non-transferable license (“User License”) to access the Service, which includes watching Online Dog Video’s videos and reading Online Dog Video’s articles exclusively through Online Dog Video’s streaming service, for your personal, non-commercial use. Except for the limited User License, you have no right, title or interest in or to Online Dog Video or the Service or Onlinedogvideo.com or any portion thereof. The content of Online Dog Video’s website, the Service and Memberships are proprietary trade secrets of Online Dog Video that you may not use for commercial purposes or publish without Online Dog Video’s express, written consent, which may be withheld at Online Dog Video’s sole discretion.

4.2. We are constantly updating the Service and website content. We test various aspects of the Service, including the website, user-interface, search interfaces, service levels, subscriptions/memberships, campaigns, training video access, delivery and pricing. Online Dog Video reserves the right to, and you hereby agree that Online Dog Video may, at its sole discretion, include or exclude you from any such updates and/or testing without notice. Online Dog Video reserves the right, in its sole discretion, from time to time, to change how it offers and operates the Service.

4.3. You agree to use the Service and website, including all functions associated therewith, in accordance with all applicable laws, rules and regulations, and any other restrictions or conditions on use of the Service or its content. You will not post or send any unlawful, threatening, defamatory, libelous, pornographic, profane or obscene material or any material that could encourage or constitute conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You acknowledge and agree that you may not (and shall not) archive, download (other than necessary caching for personal use), reproduce, distribute, modify, display, perform, publish, license, make derivative works of, sell or use (except as expressly permitted in these Terms of Service) content and information contained in or obtained from or through the Service without the express, written permission of Online Dog Video and its licensors. You also agree that you must not (a) circumvent, remove, modify, disable, impair or obstruct the Service’s content and content security; (b) access the Service using a robot, spider, scraper or other automatic means; (c) decompile, reverse engineer or disassemble software or other products or processes available through the Service or the website; (d) insert code or products or manipulate the contents of the Service or the website in any way; or (e) use data mining, data collection or data extraction methods with respect to the Service or website. In addition, you agree not to upload, post, email or otherwise transmit material intended to interrupt, destroy, damage, or limit the functionality of any computer software or hardware, or telecommunications equipment, or the website associated with the Service, including software viruses or other computer code, files or programs, or impose an unreasonable or disproportionately large load on Online Dog Video’s infrastructure, as determined in Online Dog Video’s discretion. Furthermore, you agree that you may not send unsolicited email or other advertisements to any user of the Service or Onlinedogvideo.com through any means without Online Dog Video’s prior written approval thereof. Any of the prohibited uses of Online Dog Video’s Service, website and computer systems listed in this Subsection violates these Terms of Service.

4.4. The availability of training videos and articles will change from time to time. The image quality of streamed movies and television shows may vary from computer to computer and device to device, and may be influenced by several factors, such as your location, the bandwidth available to you, and/or the speed of your internet connection. The availability of High Definition (“HD”) and Ultra HD depends on your internet connection and device characteristics. Not all content is available in HD or Ultra HD, and not all Memberships provide access to HD. A download speed of at least 5 Mbps per stream is recommended to receive HD content, which has 720 pixels or more. A download speed of at least 25 Mbps stream is recommended to receive Ultra HD content, which is has a resolution higher than 1080 pixels. You are responsible for all internet access charges. Online Dog Video does not provide internet access. Contact your internet service provider for information on any data charges you might incur when accessing the Service. Online Dog Video makes no representations or warranties regarding the quality of the viewing experience on your screen. The time it takes for a video to start will vary depending upon a number of factors, including your location, the currently available transmission bandwidth, the video or television series you select, and the configuration of your Online-Dog-compatible device.

4.5. We reserve the right to terminate, temporarily stop or limit your use of the Service without notice or compensation if we determine or reasonably believe that you have violated any of these Terms of Service or are involved in any illegal or inappropriate or prohibited use of the Service.

Section 5. Reservation of Rights.

Online Dog Video reserves the right to terminate or modify these Terms of Service from time to time without notice. Any User who continues to use Online Dog Video’s website or any other aspect of Online Dog Video’s Service after such changes are made, by such continued use, consents to the changed terms and conditions.

Section 6. Passwords and Account Access.

6.1. Each User with a Membership in the Service is the “Account Owner”. The Account Owner shall have, or be deemed to have, access to and control over the Onlinedogvideo.com account at all times. The Account Owner’s control is exercised by using the Account Owner’s account password. To preserve control over the Account Owner’s account, the Account Owner should not reveal the password to others. We also caution the Account Owner not to disclose to third parties details of the Payment Method associated with the Membership (for example, the last four digits of the credit or debit card or email address), to prevent others from contacting Online Dog Video Customer Service and potentially changing the Account Owner’s control. You are responsible for updating and ensuring the accuracy of the personal information that you provide to Online Dog Video in connection with your Membership.

6.2. Online Dog Video and the Service is not an internet service provider. To give you easy access to your Membership account, and to use the Service, we employ technology that allows us to recognize you as an Account Owner and to give you direct access to your account through Onlinedogvideo.com-compliant devices or Onlinedogvideo.com without asking you to re-enter a password or enter other user identification when you return to the Service.

6.3. Please beware of messages that ask you for credit card or other information related to your Membership or the Service. Replying to these types of messages with your private information may result in identity theft. Always access your Membership account information by going directly to the Onlinedogvideo.com website and not through a hyperlink in an email or other electronic message, even if it looks official. Online Dog Video reserves the right to suspend any account at any time with or without notice to the Member to protect Online Dog Video, its partners and the Service against what Online Dog Video may deem to be fraudulent or otherwise illegal activity. Online Dog Video shall have no obligation to credit or discount a Membership Fee if the account is suspended by an Online Dog Video employee or through Online Dog Video’s automated processes.

Section 7. Intellectual Property Ownership.

7.1. The Online Dog Video Service, including, without limitation, all content in the Service and website, contains trademarks, copyrighted information, trade names, service marks, logos, images, graphics, text, and other proprietary content (collectively, “marks”) and is protected by copyright, trade secrets and other intellectual property laws and treaties. Online Dog Video’s Service contains patented and patent-pending technology as well (together with marks, “IP”). All rights, title and interests in and to Online Dog Video’s IP shall remain the property of Online Dog Video. Users of Online Dog Video’s Service, or any portion thereof, recognize and acknowledge the ownership of such IP, and understand that Users of the Onlinedogvideo.com website and/or other aspects of Online Dog Video’s Service do not, by such use, acquire any right, title or interest in the marks or other IP. User agrees that User will not modify, reverse engineer, copy, distribute, reproduce, publish, license, create derivative works from, transfer, sell or exploit in any other manner Online Dog Video’s IP or Online Dog Video’s Service or products generally; nor shall User participate in any activity that modifies, reverse engineers, copies, distributes, reproduces, publishes, licenses, creates derivative works from, transfers, sells or exploits in any other manner, the IP, Online Dog Video products, or any portion of Online Dog Video’s Service. All rights to the IP and the Service are reserved to Online Dog Video and its Affiliates. Any use of such IP is prohibited without the express, signed, written authorization from an authorized signatory for Online Dog Video authorizing the specific use for which such IP will be employed. As used in these Terms of Service, “Affiliate” means any entity that controls, is controlled by or is under common control with Online Dog Video.

7.2. Copyright Infringement Claims. If you believe that your copyrighted work has been reproduced or distributed in a manner that infringes your copyright, or if you know of infringing material available through the Service, please promptly notify Online Dog Video by filling our the form on the Onlinedogvideo website for copyright infringement claims.

Section 8. Content.

The contents of the Onlinedogvideo.com website, and all elements of the Online Dog Video Service, are owned by Online Dog Video and its Affiliates. User’s use of the Onlinedogvideo.com website or any other portion of the Service does not constitute Online Dog Video’s consent to or grant of any license to use Online Dog Video’s website content or IP.

Section 9. Warranty Limitation and Disclaimer.

Online Dog Video stands by its Service and hopes that all Users enjoy and obtain full benefits from the Service. Notwithstanding the foregoing, Online Dog Video’s website and its content, and all other elements of Online Dog Video’s Service are provided to Users AS-IS, WHERE-IS, WITH ALL FAULTS to the full extent allowable under applicable law, and Online Dog Video does not guaranty any results from the use of the Service. EVERY USER OF ONLINE DOG’S PROGRAM ASSUMES FULL RESPONSIBILITY FOR SUCH USER’S USE OF THE SERVICE AND THE ONLINEDOGVIDEO.COM WEBSITE. ONLINE DOG VIDEO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS WEBSITE, ITS CONTENT, ITS IP, ANY PRODUCTS AND SERVICES THAT COMPRISE ONLINE DOG VIDEO’S SERVICE, AND PARTICIPATION IN ANY ONLINE DOG VIDEO EVENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE SERVICE, WHICH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WITH RESPECT TO A USER’S DEATH OR PERSONAL INJURY DIRECTLY ATTRIBUTABLE TO ONLINE DOG VIDEO’S GROSS NEGLIGENCE OR INTENTIONAL MALFEASANCE, IN NO EVENT SHALL ONLINE DOG VIDEO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, THAT IN ANY WAY RELATE TO OR ARISE IN CONNECTION WITH THE SERVICE, THE ONLINEDOGVIDEO.COM WEBSITE, ITS CONTENT, OTHER USERS OR ANY MEMBERSHIP ARRANGEMENT, REGARDLESS OF WHETHER EITHER PARTY HAD OR SHOULD HAVE HAD ANY ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT SUCH DAMAGES MIGHT OCCUR.

ONLINE DOG VIDEO EXPRESSLY DISCLAIMS ALL LIABILITY FOR FAILURE CLAIMS THAT ARE NOT DUE TO ANYTHING WITHIN ONLINE DOG’S CONTROL, OR ARE DUE TO SERVICE MISUSE, ABUSE, UNATHORIZED MODIFICATION, IMPROPER SERVICE/MEMBERSHIP SELECTION, NON-COMPLIANCE WITH ANY LAWS, RULES OR INSTRUCTIONS FOR USE, OR MISAPPROPRIATION, EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW. USERS ASSUME ALL RESPONSIBILITY FOR THEIR USE OF ONLINE DOG VIDEO’S SERVICE AND MEMBERSHIPS, INCLUDING ONLINE DOG’S WEBSITE AND ANY ASPECT OF ONLINE DOG VIDEO’S SERVICE. USER’S ONLY REMEDY AGAINST ONLINE DOG VIDEO IN CONNECTION WITH ANY DAMAGES ARISING FROM USER’S USE OF THE SERVICE OR THE ONLINE DOG WEBSITE OR ANY CONTENT THEREOF IS FOR THE USER TO STOP USING THE SERVICE OR THE WEBSITE. IF ONLINE DOG VIDEO IS FOUND TO BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE THAT IS IN ANY MANNER CONNECTED TO A USER’S USE OF THE SERVICE OR THE ONLINE DOG WEBSITE OR ANY CONTENT THEREOF, THEN ONLINE DOG VIDEO’S LIABILITY SHALL NOT EXCEED $101.00, OR THE EQUIVALENT VALUE IN THE APPLICABLE EUROPEAN OR OTHER NATIONAL CURRENCY PAID TO ONLINE DOG BY SUCH USER.

Section 10. Data Collection, Use of User Information, Ideas and Materials, and Privacy Policy.

Online Dog Video shall have the right, and by User’s subscription to a Membership, the User hereby grants to Online Dog Video, a global, royalty-free, fully paid-up, perpetual license (without a right to compensation or recognition) to use any comments, information, ideas, concepts, reviews, techniques or other materials or data contained in any communications that the User has through the Service or Onlinedogvideo.com (collectively and individually, “Feedback”), including, without limitation, questionnaire responses or through posting on the Service, including on the website or in other User interfaces, and for any purpose, including, but not limited to, developing, manufacturing and marketing products and services, and creating, modifying or improving the Service, including the website. Furthermore, you agree that you relinquish all rights to, and will not claim, any “moral rights” or other rights of authorship in such Feedback to the extent you might has such rights as permitted by applicable law. If you submit unsolicited material or ideas or other Feedback to the Online Dog Video website or to the Service in any manner or for any reason, you do so with the understanding that you will not receive any compensation from Online Dog Video for such submissions, and you hereby waive the right to make any claim against Online Dog Video or its Affiliates regarding the use of any such material or ideas or other Feedback, even if any content or other material or ideas generated through or by the Service bears a significant resemblance to the Feedback that you submitted. Furthermore, by your entry onto the Online Dog Video website, you grant Online Dog Video’s membership management service, Simplero.com, the right to collect personal information about you, such as name, address and other contact information, for the purpose of contacting you about your Membership in the Service and Membership Fees associated with any such Membership. Simplero.com keeps all of our Users’ personal information private pursuant to the terms of its privacy policy. You can review the Simplero.com privacy policy here: https://us.simplero.com/terms.

Section 11. Customer Support.

Visit Onlinedogvideo’s Help Center (at www.Onlinedogvideo.com/contact) for more information about the Service and its features, or if you need assistance with your Membership account. In certain situations, Customer Service can best help you by using a remote access tool that provides Online Dog Video with full access to your computer. If you do not want to grant this access to Online Dog Video, please do not allow “support” through the Onlinedogvideo.com Remote Access Tool, and we will do our best to assist you on other ways. In the event of a conflict between these Terms of Service and information that you receive from the Onlinedogvideo.com customer support team or other areas of our website, these Terms of Service control.

Section 12. Non-disparagement.

You agree that at no time will you directly or indirectly (through a third party or encourage a third party to) disparage or abuse Online Dog Video Video, its Affiliates, or either of their directors, officers, employees, agents, partners, services or products, including, without limitation, by writing or otherwise publishing negative or untruthful reviews on the internet, on social media platforms, in other groups, or in any other public or private forum.

Section 13. Indemnification and Release.

User agrees to indemnify, defend and hold harmless Online Dog Video, its officers, directors, affiliates, employees, contractors, agents and partners (collectively “Online Dog Video Parties”) from and against all claims, actions, suits, demands, costs and damages, including reasonable attorneys’ fees, asserted by any third party as a result of User’s use of the Service, the Onlinedogvideo.com website or their content in violation of these Terms of Service, or of any law, or of the rights of any third party. Except to the extent prohibited by applicable law, User, on behalf of User and User’s heirs, estate, insurers, successors and assigns, hereby fully and forever releases and discharges Online Dog Video Parties from all claims or causes of action that User may have for damages relating in any manner to User’s use of the Service or any portion thereof, including, without limitation, any Online Dog Video product, video, service or website. Online Dog Video has the right to control any defense provided by User.

Section 14. Damages.

Damages in the event of a User’s violation or breach of the Terms of Service are difficult, if not impossible, to ascertain. If a User is deemed, in arbitration or in any court of competent jurisdiction, to have violated any of the conditions to Membership, use of the Service or any other provisions of this Agreement, such User shall, in addition to such other damages as are recoverable under applicable law, be liable to Online Dog Video for liquidated damages in the amount of One Hundred Thousand U.S. Dollars (USD 100,000.00), for each day such violation takes place—whether on the internet, social media platforms, in other groups, or elsewhere until such violation ceases. Payment of liquidated damages shall not have the effect that the User is released from any further obligation under any of these covenants or the Terms of Service. Furthermore, any violation of these Terms of Use may be discouraged by an injunction or any similar legal actions anywhere, without Online Dog Video having to post bond or present any security in support of such application for equitable relief.

Section 15. Force Majeure.

Neither User nor Online Dog Video shall be responsible for any damages, delays or failures in performance due to acts or occurrences beyond their reasonable control, including, without limitation: Acts of God (including, without limitation, storm, earthquake, flood, water, fire, lightning, hurricane), national emergencies, vandalism, war, revolution, civil commotion, pandemics, embargoes, riots, sabotage, strikes, work stoppages or other labor difficulties, supplier failures, unavailability of any utility or internet service, governmental acts or orders or proclamations, explosion, or power failure or surge; provided that Online Dog Video will use commercially reasonable efforts to promptly resolve any such failure or delay in performance to the extent consistent with applicable law and regulatory requirements as appropriate in light of the applicable circumstances.

Section 16. Relationship of the Parties.

Nothing in these Terms of Service is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between User and Online Dog Video, and neither party shall have the right or authority to act for or on behalf of the other party except as expressly set forth herein.

Section 17. Assignment Right, No Waivers, Severability.

Online Dog Video may assign its rights and obligations under these Terms of Service to any person at any time without notice to any User, unless such notice is legally required, but any such assignment will not affect User’s rights or Online Dog Video’s obligations under these Terms of Service through the assignment date. Online Dog Video shall have no further obligation to Users for Online Dog Video acts or omissions that occur after the date on which any such assignment is completed. Online Dog Video’s failure to strictly enforce these Terms of Service is not a waiver of any of its rights under these Terms of Service. Users should assume that these Terms of Service apply at all times. User and Online Dog Video agree that if any provision of these Terms of Service is held to be ineffective, unenforceable or illegal for any reason, such decision shall not affect the validity or enforceability of any of the remaining portions of these Terms of Service.

Section 18. Governing Law.

This Agreement and the conduct of the parties will be governed and construed in accordance with California law and applicable federal law of the United States of America, without regard to choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Section 19. Jurisdiction and Dispute Resolution.

a. Jurisdiction. User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the arbitral tribunals and, where arbitratition is not allowed, the courts of the State of California and of the United States of America that are located within the State of California, for any and all claims that arise from or are related to the Online Dog Video Service or the Onlinedogvideo.com website. User waives and agrees to waive in the future all defenses to “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Sacramento County, California, and any arbitral tribunal in Sacramento County, California.

b. Notice of Claims – 1 Year. User must notify Online Dog Video of any claims within one (1) year after the claim arises, except when a longer period is required by applicable law.

c. Arbitration Requirement. By User’s use of Online Dog Video’s website or any portion of the Service, including any Online Dog Video product or service, User thereby agrees that any dispute, controversy or claim arising out of or in connection with this Agreement (whether contractually or in tort), and including disputes regarding the validity of this Section concerning venue, shall be settled by arbitration in accordance with the American Arbitration Association Rules, which will be governed by the United States Arbitration Act, or if that organization no longer exists or if the parties agree otherwise, then by an organization of similar purpose. The arbitration proceedings shall be held within the city in the county in California within which Online Dog Video has offices or its principal place of business, or if Online Dog Video has no physical presence within the state of California, then the place of arbitration shall be within Sacramento County, California, unless the parties mutually agree otherwise. The arbitration shall be conducted in English. If the dispute involves USD 300,000 or less, the arbitration panel shall consist of one (1) arbitrator, and if the amount in dispute exceeds USD 300,000, the arbitration panel shall consist of three (3) arbitrators. The arbitration panel shall award the prevailing party compensation for its reasonable attorneys’ fees and costs.

d. Venue. User agrees further that, except where prohibited by applicable law, and without limitation to any statutory consumer rights, all disputes, claims and legal proceedings directly or indirectly arising out of or in relation to the Onlinedogvideo.com website or the Service, including without limitation, the purchase of Online Dog Video Memberships, products and/or services, shall be resolved individually, without resorting to any form of class action, and shall be exclusively arbitrated in Sacramento County, California, U.S.A.

Section 20. Electronic Notice and Communications.

User’s use of the Onlinedogvideo.com website and/or any portion of the Service constitutes User’s consent to receive certain electronic communications from Online Dog Video, subject to applicable law. User hereby agrees that any communications, including notices, agreements, and disclosures, that Online Dog Video delivers to User electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.

Section 21. Entire Agreement; Validity.

These Terms of Service constitute the entire understanding between User and Online Dog Video pertaining to the subject matter addressed herein, and supersede in their entirety, any and all written or oral agreements previously existing between the parties with respect to the subject matter. If any provision of these Terms of Service is found to be invalid, illegal or unenforceable for any reason, the other provisions of these Terms of Service shall continue in full force and effect.