Terms and Conditions

Website Terms and conditions of use

UNITED STATES USERS: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 13 AND A CLASS ACTION/JURY TRIAL WAIVER IN SECTION 13.3 THAT REQUIRE, UNLESS YOU OPT OUT AS PERMITTED, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND DOUBTLESS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, TO HAVE A JURY TRIAL, AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

Introduction

1.1. This website (“our website” or “our site”) is operated by Doubtless, which operates this website on behalf of itself and its subsidiary companies.

To contact us, please email [email protected].

1.2. These Terms and Conditions govern your use of our website. We strongly advise you to read the Terms and Conditions as they form a contract between you and us for the use of our website.

1.3. If you do not agree with these Terms and Conditions please do not use our website. By accessing our website, you are deemed to have accepted these Terms and Conditions in full.

1.4. Please note that there are other terms that may apply to you. These terms of use refer to the following additional terms, which also apply to your use of our website:

Our Privacy Policy which sets out how we may use your personal information.
Our Cookie Policy, which sets out information about the cookies on our site.

Our Obligation to You

2.1. We will use our reasonable endeavours to maintain our website in an acceptable working condition. However, as we cannot guarantee that this will always be the case we cannot accept responsibility for any interruptions or failures in the operation of our website or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access or use our website. In addition we do not warrant that the information accessible via our website is accurate, complete or current.

2.2. Access to our website may be suspended, temporarily or permanently, without notice.

2.3. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer does not affect your rights under these Terms and Conditions.

Restrictions on Use

3.1. Our website is directed to people residing in the United States, Canada, United Kingdom and the European Union. We do not represent that content available on or through our website is appropriate for use or available in other locations.

3.2. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will commit a criminal offence under applicable law, including in the United States, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), in the United Kingdom, the Computer Misuse Act 1990, and in Canada, the Criminal Code . We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

3.3. You must not use any part of the content on our site for any commercial purposes. The use of automated systems or software in particular, to enter or extract data from this website, is strictly prohibited.

3.4. You must not link any other websites to our website without our permission.

Disclaimers

4.1. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

4.2. To the extent permitted by applicable law, our website, its contents and references are provided without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom, or otherwise) in respect of our website and/or its content to the extent permitted by law. Unless we specifically state otherwise, the information and content on our website is provided “as is” and with all faults and you take the entire risk as to satisfactory quality, performance, accuracy and effort.

4.3. We will use reasonable efforts to ensure that the content on our website is accurate, complete and current, we do not however guarantee or represent that the content will always be accurate, complete, or current, or that your access to our website will be uninterrupted. You acknowledge that you are solely responsible for the use to which you put our website and all the results and information you obtain from it.

4.4. We will be released from our obligations under these Terms and Conditions in the event of any causes beyond our responsibility or control, which renders the provision of our website impossible or impractical.

4.5. We assume no liability for any errors or omissions in the content of our website and your use of our website is entirely at your own risk. In addition, we do not accept any liability in respect of losses or damages arising out of changes made to the content of our website by unauthorised third parties.

4.6. We have duly reviewed for obviously infringing content all content on our website and the websites which are linked to our website at the time the content/link was incorporated in our website and in case we have obtained additional information that may give rise to such suspicions. In case you believe any content on our website or any third party website linked on our website infringes any third party rights or violates applicable law, you can notify us accordingly by providing evidence under the above communication channels.

4.7. The materials on our website do not constitute financial or other professional advice. Contact an independent financial adviser or other professional adviser for financial or other advice.

United Kingdom Users

4.8. If you are located in the United Kingdom, whether you are a consumer or a business user:

4.8.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

4.8.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply applying to those products.

4.9. If you are a business user located in the United Kingdom:

4.9.1. we exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

4.9.2. we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our website; or

(b) use of or reliance on any content displayed on our website.

4.9.3. In particular, we will not be liable for:

(a) loss of profits, sales, business or revenue;

(b) business interruption;

(d) loss of business opportunity, goodwill or reputation;

(e) any indirect or consequential loss or damage; or

(f) any claims, losses, demands or damages arising directly, or indirectly out of, or in any way connected with the content, or your use, or inability to access our website including without limitation damage to, or viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from our website. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

4.10. If you are a consumer user located in the United Kingdom:

4.10.1. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.10.2. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

4.11. Nothing in these Terms and Conditions shall exclude, limit or restrict either our duties to you or those of JAB Pet Insurance L.P.under the Financial Services and Markets Act 2000 and any subsequent amending or replacement legislation which regulates the carrying out of investment or financial business in the United Kingdom, or any conduct of business rules which we are bound to comply with.

France Users

4.12. If you are located in France, whether you are a consumer or a professional user:

4.12.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

4.12.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply applying to those products.

4.13. If you are a professional user located in France:

4.13.1. we exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

4.13.2. we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our website; or

(b) use of or reliance on any content displayed on our website.

4.13.3. In particular, we will not be liable for:

(a) loss of profits, sales, business or revenue;

(b) business interruption;

(d) loss of business opportunity, goodwill or reputation;

(e) any indirect or consequential loss or damage; or

4.14. If you are a consumer user located in France:

4.14.1. We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.14.2. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

4.15. Nothing in these Terms and Conditions exclude or limits our liability where such liability cannot be restricted or excluded as a matter of law.

Canada Users

4.16 DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY INACCURACIES OR ERRORS IN THE CONTENT IN THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4.17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR THE COSTS OF REPLACEMENT GOODS OR SERVICES, OR THE CLAIMS OF ANY THIRD PARTIES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR USE OR RELIANCE ON ITS CONTENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.18. Nothing in these Terms and Conditions is intended to exclude, restrict, or modify any rights or remedies that you may have under applicable provincial consumer protection legislation (including but not limited to the Ontario Consumer Protection Act, 2002, the Quebec Consumer Protection Act, the British Columbia Business Practices and Consumer Protection Act, and the Alberta Fair Trading Act) that cannot be excluded, restricted, or modified by agreement.

Our Rights Reserved

5.1. We reserve the right to amend these Terms and Conditions for whatever reason, at any time and without notice. You will be bound by such revisions and you should therefore ensure that you regularly visit this page to review our current Terms and Conditions from time to time.

5.2. We reserve the right to periodically add, change, or improve any of the information and content on our website and in respect of our services for whatever reason, at any time and without notice.

5.3. We reserve the right to remove any content from our website for whatever reason, at any time and without notice and to deny you with access to all, or any part of our website.

Copyright, Other Intellectual Property Rights and Licence

6.1. Unless otherwise stated, the copyright, design rights, trademarks and patents in all website design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on our website belong to us, or our content and technology providers and any other rights in all material on our website are owned by us or the rightful owner as the case may be. All such rights are reserved.

6.2. The trademarks, logos and service marks (the “Trademarks”) displayed on our website are either our registered and unregistered Trademarks or those of others.

6.3. Nothing contained on our website should be construed as granting by implication, estoppel or otherwise any license or right to use any of the Trademarks displayed on our website without the prior written permission of the owner of the Trademarks.

6.4. Any misuse of the Trademarks or any content displayed on our website is strictly prohibited.

6.5. Use of any content, documents and/or related graphics on our website is for information and/or personal use only; any copies of these pages saved to disk or to any other medium may only be used for subsequent viewing purposes or to print extracts for personal use.

6.6. No document or related graphics are to be modified in any way.

6.7. Graphics on our website are not to be used separately from the accompanying text.

6.8. The JAB Pet Insurance LP copyright notice (i.e. ©JAB Pet Insurance LP) must appear in all copies.

6.9. No part of our website may be published, copied, transmitted, redistributed, adapted or otherwise reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or that of the rightful owner.

6.10. Any rights not expressly granted in these terms are reserved.

6.11. Intellectual property rights in all software and documentation supplied by us for your use in connection with the website remain our property or that of our licensors.

Your Submissions to Our Website

7.1. We will use contact information from any inquiry to deliver information and other confirmations to you and to get in touch with you when necessary.

7.2. Apart from your personal information, which is addressed by our Privacy Policy, we will treat any communication or material you send to our website electronically, or otherwise, including financial information but limited to data, questions, comments, suggestions, or submissions (“your information”), as non-confidential and non-proprietary. By submitting your information to our website, you grant us a non-exclusive license to use the information for the purposes set forth in these Terms and Conditions.

7.3. We may use your information reproduction, transmission, disclosure, publication, broadcast and posting.

7.4. We may also use any ideas, concepts, techniques, or know-how contained in your information for o developing, manufacturing and marketing our website and our services.

7.5. In order that we may provide you with products and services that are relevant to your requests, you confirm that all information you have provided to us is accurate. If you wish to correct or update any information you have provided, you can do so by contacting us. If you provide false or misleading information to us this may result in termination of the product or service and may result in legal action against you.

How we may use your personal information

8.1. We will only use your personal information as set out in our Privacy Policy.

Severance

9.1. A court may strike out or override any part of these Terms and Conditions, which it considers unfair, unreasonable, invalid or unlawful (whether an entire clause or only part of one) and in such cases enforce these Terms and Conditions as if the offending part had never been contained in it. The paragraph headings are for information only, and do not form part of these Terms and Conditions.

Governing law and Jurisdiction

United States Users

10.1. These Terms are governed by the internal substantive laws of the State of Delaware, without regard to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing, the Federal Arbitration Act (9 U.S.C. §§ 1–16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 13 and pre-empts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable law. If the FAA is found not to apply to any issue arising from or relating to the Arbitration Agreement, that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

You agree to submit to the exclusive personal jurisdiction of the courts of the state of Delaware located in New Castle County, or the courts of the United States of America located in the District of Delaware for any actions for which we retain the right to seek injunctive or other equitable relief, including any provisional relief required to prevent irreparable harm, in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or Intellectual Property Rights. You agree that the courts of the state of Delaware located in New Castle County, or the courts of the United States of America located in the District of Delaware, is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement is found unenforceable.

United Kingdom Users

10.2. If you are a consumer located in the United Kingdom, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

Unless otherwise agreed, if you are a business user located in the United Kingdom, these Terms and Conditions their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.

France Users

10.3. If you are a consumer located in France, please note that these Terms and Conditions, their subject matter and their formation, are governed by French law. We both agree that French Courts will have exclusive jurisdiction.

If you are a consumer, in accordance with Articles L. 111-1, L. 612-1, and L. 616-1 of the French Consumer Code, after having unsuccessfully attempted to reach an amicable resolution, you may contact the following consumer ombudsman:

Associations des Médiateurs Européens (AME Conso)

197 boulevard Saint-Germain,

75007 Paris

You can submit a mediation request at the following address: https://www.mediationconso-ame.com/demande-de-mediation-ame.html

Unless otherwise agreed, if you are a professional user located in France, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and construed in accordance with French law and the parties agree to submit to the exclusive jurisdiction of the French Courts.

Canada Users

10.4. These Terms and Conditions are governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law rules that would apply a different body of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms and Conditions.

10.5. The federal and provincial courts located in Toronto, Ontario, Canada will serve as the exclusive jurisdiction for any actions brought, or claims made, arising out of your use of our website, and you waive any jurisdictional or venue defenses otherwise available.

10.5.1 Quebec Consumers. If you are a consumer residing in Quebec, nothing in this Section 10.5 restricts your right to bring proceedings before the courts of Quebec, nor does it derogate from your rights under the Quebec Consumer Protection Act, including but not limited to Article 11.1 thereof.

10.5.2 Provincial Consumer Rights. Notwithstanding the foregoing, if applicable provincial consumer protection legislation provides you with the right to bring proceedings in the courts of your province of residence, this section shall not restrict that right.

Accessibility Statement (U.S. Customers)

Doubtless is committed to ensuring that our website is accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). If you experience any difficulty accessing any part of our website, please contact us at [email protected] and we will work with you to provide the information or service you need through an alternative communication method.

Export Control

The United States, European Union, Canadian, United Kingdom, and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from our website may be downloaded or otherwise exported in violation of these laws.

Arbitration Agreement & Class Action/Jury Trial Waiver

13.1 Arbitration Agreement.

Notice to U.S. Consumers:

READ THIS SECTION CAREFULLY. IT REQUIRES BINDING ARBITRATION TO RESOLVE MOST DISPUTES AND LIMITS HOW YOU MAY SEEK RELIEF.

Any arbitration under this Section is governed by the Federal Arbitration Act (“FAA”); no state arbitration procedures law shall apply.

(a) Pre-Arbitration Notice and Negotiation. Before either party initiates arbitration, that party must send the other a written notice of the dispute. If you send such a notice to us, it must: identify your name and address (including email address); describe the nature and basis of your claim and the relief you seek, including the basis for any damages calculation; and be signed by you. If you have retained an attorney, you must identify the attorney and confirm that we have authority to disclose to that attorney any information relevant to resolving your claim. Both parties must negotiate in good faith to resolve the dispute for a period of sixty (60) days before initiating arbitration. Any applicable limitations period is tolled during this sixty-day period. Failure to comply with this paragraph is grounds for dismissal of any arbitration proceeding.

(b) Binding Arbitration. ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIM IS PROPERLY WITHIN THAT COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

(c) Arbitration Administration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-applicable rules — including, as appropriate, its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules. If there is a conflict between this Arbitration Agreement and the AAA Rules, this Arbitration Agreement will govern. The AAA’s rules are available at http://www.adr.org/. The arbitration will be conducted in the English language by a single independent and neutral arbitrator. For any in-person hearing, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. If the arbitrator determines that your claim was frivolous or brought for an improper purpose, you shall reimburse us for any costs or fees we paid on your behalf. The arbitrator’s decision will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

(d) Individual Claims Only. WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF DELAWARE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS, OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

(e) Limitations Period. ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. TO THE EXTENT THIS LIMITATIONS PERIOD IS PROHIBITED OR UNENFORCEABLE UNDER THE LAW OF THE JURISDICTION IN WHICH YOU RESIDE, THE APPLICABLE STATUTORY LIMITATIONS PERIOD SHALL APPLY IN LIEU OF THIS ONE-YEAR PERIOD.

(f) Equitable Relief. Notwithstanding anything to the contrary, Doubtless may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.

13.2 Opt-Out. You may opt out of the arbitration provisions of Section 13.1 within thirty (30) days of the date you first access or use the Website by sending a written notice of your decision to opt out to [email protected]. Your notice must include: (a) your full name; (b) your email address; (c) your mailing address; and (d) a clear statement that you wish to opt out of the arbitration provisions. If you opt out, neither party will be required to arbitrate disputes and both parties may pursue claims in court. All other provisions of these Terms will continue to apply.

13.3 Class Action/Jury Trial Waiver

BY ENTERING INTO THESE TERMS, YOU AND DOUBTLESS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THIS WAIVER APPLIES TO ALL USERS — BOTH NATURAL PERSONS AND ENTITIES — REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE WEBSITE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

Notwithstanding anything in this Section 13.3 to the contrary, if the waiver of representative claims under the California Private Attorneys General Act (PAGA) is found to be unenforceable or void by a court of competent jurisdiction, such PAGA representative claims shall be severed from this Section 13.3 and may proceed in a court of competent jurisdiction. The remaining provisions of this Section 13.3, including the arbitration agreement and the class action waiver, shall remain in full force and effect.

Indemnity

You will defend, indemnify, and hold harmless Doubtless and its subsidiaries and affiliates, and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, “Doubtless Indemnitees”) from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including attorneys’ fees) arising from: (a) your misuse of the Website in violation of these Terms; (b) your violation of any term of these Terms, including any breach of your representations and warranties; (c) your violation of any third-party right, including any privacy right or Intellectual Property Right; (d) your violation of any applicable law; (e) User Content submitted via your User Account, including any misleading, false, or inaccurate information; (f) your wilful misconduct; or (g) any third party’s access to or use of the Website using your username(s), password(s), or other authentication credentials.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO DOUBTLESS INDEMNITEE WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE (c) UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE WEBSITE AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (f) ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (g) YOUR DATA, USER CONTENT, OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT WILL ANY DOUBTLESS INDEMNITEE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE GREATER OF: (I) THE AMOUNT YOU PAID TO US UNDER THESE TERMS; OR (II) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDERLYING THE CLAIM – WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE – AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the exclusion of or limitations on incidental or consequential damages, so the above exclusions and limitations may not apply to you.

The disclaimers, exclusions, and limitations of liability in these Terms will not apply to the extent prohibited by applicable law. Additionally, nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law.

No Warranty; Disclaimer – U.S. Customers

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Notwithstanding anything in this Section 16 to the contrary, nothing herein excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or any liability that cannot be disclaimed under applicable law.

Miscellaneous

17.1 These Terms, and any rights and licenses granted under them, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation of this Section is null and void.

17.2 These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Website, constitute the entire agreement between you and us concerning the Website. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

17.3 No waiver of any term of these Terms will be deemed a further or continuing waiver of that term or any other term. Our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Last updated on 24th June 2026