Terms & Conditions

PetPremium, Inc.

Updated November 19, 2021

The PetPremium Terms and Conditions ("Terms") is a legal agreement between you and PetPremium, Inc. (D/B/A "PetPremium"), a Utah corporation (referred to herein as "PetPremium.com," or "Company"), headquartered in Florida governing your use of the Service (as defined herein). By accessing the PetPremium website, located at www.petpremium.com (the "Website" or "Site"), and using the Service, you are agreeing to comply with and be bound by these Terms. Additionally, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company's services, which may change from time to time, and to comply with all applicable laws and regulations. If you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website. These Terms (as may be modified by PetPremium from time to time) will remain in full force and effect if you are a user of the Website, and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, waivers, warranties, and limitations of liability.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.THE SECTIONS BELOW TITLED " ARBITRATION OF DISPUTES " AND " WAIVER OF CLASS ACTION RIGHTS" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company's publication of any such changes will constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you by the Company.

SERVICES

PetPremium is a Licensed insurance Broker that assists pet parents obtain pet insurance quotes for their dogs or cats in the USA only. Customers may also participate in advertising campaigns, take quizzes and surveys, use various services and products provided by Petpremium or introduced by PetPremium Inc. or Pet Assistant Holdings LLC. ("PAH") and use information ("Services") provided by PetPremium Inc. and Pet Assistant LLC. To use the services offered on our Sites you may need to provide us with certain information about yourself and your pet(s) including your name, address, zip code, email address, and phone number. For pet(s) we will need but not limited to name of pet, age, breed, weight and gender. It is important that you provide accurate and complete information. All personal information that we collect from you is used in accordance with our Privacy Policy.

EXTERNAL SITES

The Sites contain links to third-party websites including, but not limited to, those of insurance providers and product vendors ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. You understand and agree that by clicking an "enroll" "learn more" or "contact" button on the Sites may automatically redirect you to an External Site of one of our insurers or vendors. We will share your personal information with third parties only in the ways that are described in this privacy policy

TERMINATION

PetPremium may terminate a participant's use of the Services and destroy any data within the Services if PetPremium deems that the participant has not observed these Terms and Conditions or for any other reasons. The participant agrees that PetPremium may delete registration data and all related information as well as any data used by Third-Party Services. PetPremium may also prohibit the user's further access to the Services, with or without prior notice.

DEALINGS WITH MERCHANTS; LINKS

The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. PetPremium is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, product, or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. PetPremium's Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy policy applies to any personal information you supply.

Your transactions and other dealings with third party merchants or advertisers found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.

CONSENT TO FUTURE COMMUNICATIONS AND EMAIL OFFERS

When participants use the Services, they agree that PetPremium or any affiliate of Pet Premium, including Pet Assistant may contact them with future communications, including without limitation, email marketing, telephone marketing, and other forms of direct marketing, as well as online and offline advertising. PetPremium may share participants' information with third parties for marketing purposes, unless participants opt out, as described in the PetPremium (Privacy Policy). Such communications from PetPremium may be transmitted to participants by (automatic) telephone calls, email offers, or any other method of communication. Please see the PetPremium Privacy Policy for information regarding PetPremium's collection, use, and disclosure of this information www.petpremium.com/privacy-policy/. By using the Services, the participant accepts and agrees to the PetPremium Privacy Policy, which is incorporated herein by reference. Participant further acknowledges and agrees that any costs associated with receiving future marketing communications are the sole responsibility of participant.

USE AND TERMS OF TEXT COMMUNICATIONS

Our Site www.petpremium.com allows you to request and receive informational text messages ("Text Messages") to inform you about the status of your quote, application, next steps, reminders, and other important information.

It is your responsibility to determine if your mobile service provider supports text messaging and your mobile device can receive text messages. Our Text Messages are subject to the terms and conditions of your agreement(s) with your mobile device carrier. You are responsible for any fees imposed by your mobile device carrier of any kind whatsoever. You acknowledge that our Text Messages are sent to you without being encrypted and may include information pertaining to price inquiry. PetPremium reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the Text Messages and to suspend Text Messages for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

If you do not wish to receive mobile communications and text messages, you can opt-out either by not confirming your opt-in to receive Text Messages, by changing the text message settings on your account, or by responding to a text with "STOP" or "UNSUBSCRIBE" or otherwise following the opt-out instructions in a text message. PetPremium reserves the right to change these Terms of Use, and your continued use of the Text Messages constitutes agreement to all such changes.

REGISTRATION REQUIREMENTS

Participants attest that any personal information collected from the participants through the Services is correct and complete. The participant further represents that registered information is correct, up-to-date, and complete at the time of participation. If PetPremium determines in its sole discretion that the registered information is not accurate or complete, then PetPremium is entitled to delete the participant's data and prohibit the participant's further use of the Services.

YOUR REPRESENTATIONS AND WARRANTIES

By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have not violated and will not violate these Terms; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Company and are not using the Services for reasons that are in competition with Company or other than for the Services' intended purpose. You also acknowledge that the information provided, our services, the content, and other said information provided by PetPremium can be used to help you make educated decisions with regards to pet insurance an insurance related product. All content and information provided are for informational preposes only. They do not and should not constitute and should not be construed as professional, veterinary, or financial recommendations or advice. All decisions with regards to your pet's healthcare are made at your own discretion.

NO COMMERCIAL USE; LICENSE GRANT

PetPremium is for personal use only. Organizations and businesses may not become participants and should not use the Services or PetPremium for any purpose. You hereby agree not to reproduce, copy, sell, resell, or use the Services (or any part of it) or access to the Services for commercial purposes. Company grants each user a limited, revocable, non-exclusive license to access the Site and Services in order to, as applicable, view or make legitimate inquiries to us regarding our Services, all in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

PROPRIETARY RIGHTS

All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of PetPremium or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without prior written consent of PetPremium.

The data, data feeds, content, organization, graphics, designs, and other material featured on PetPremium or provided through the Services (the "Copyrighted Material") are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The Copyrighted Material is either owned by or licensed to PetPremium. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without prior written consent of PetPremium. All rights are reserved.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND UNDER THESE TERMS AND CONDITIONS, PETPREMIUM IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.

PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. PETPREMIUM MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR PETPREMIUM WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PETPREMIUM., AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN "AS IS," "AS AVAILABLE," AND "WHERE-IS" BASIS.

THIRD-PARTY SERVICES DISCLAIMER

ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF PETPREMIUM (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT PETPREMIUM IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS' FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.

LIMITATION OF LIABILITY

PETPREMIUM WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.

THE MAXIMUM TOTAL LIABILITY OF PETPREMIUM TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF PETPREMIUM FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.

USE OF PETPREMIUM OR THE SERVICES OUTSIDE OF THE UNITED STATES

PetPremium and the Services are intended for use within the United States, if not explicitly stated within contest rules provided. International use can only be considered if such contest rules include use outside of the United States. As per the Registration Requirements listed in these Terms and Conditions, there are some states within the United States that are limited from participation. If participants from locations outside of the United States or within states and territories that are void of participation (see the Registration Requirements above), then those participants chose to participate in the Services or access any of the content on PetPremium or Third-Party Services at their own risk. Participants accept all risk associated with use of the Services and assume to comply with the laws and regulations within their own jurisdictions.

ARBITRATION OF DISPUTES.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in PROVO, UTAH. Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company's or Company's licensors' rights in and to intellectual property or confidential information.

WAIVER OF CLASS ACTION RIGHTS

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

DMCA COMPLIANCE

Company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended ("DMCA"), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted, or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Company's DMCA Copyright Agent as follows:

PetPremium, Inc 120 SW 8^th Street Miami, FL 33130

Attn: Copyright Agent

Reach Us: by emailing us at help@petpremium.com

Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

GENERAL

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable except with Company's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of law's provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created because of this Agreement, and you do not have any authority of any kind to bind Company in any respect whatsoever. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control. You agree that any claim or cause of action arising out of or related to this Agreement, or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. Use of the Services is void where prohibited by law.

TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF UTAH, USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

EFFECTIVE DATE: 19^th November 2021

For questions, please contact us at:

PetPremium 120 SW 8^th St, Miami, Fl 33130 or call at 1 (800) 935-7280