Terms of Service

Effective: April 7, 2021

OVERVIEW

Welcome to Waggle Mail!

Tree Line Pet Wellness Corporation (“Waggle Mail”, “Waggle Mail Pet Wellness”, the “Company”, “we” or “us”) is pleased to provide the Services to you (as herein defined). These Terms of Service (the “Terms”) apply to your use of www.wagglemail.ca, and/or www.wagglemail.com (the “Sites”), and any other websites, applications, features, promotions, products, or services provided, owned or operated or made available through the Sites by Tree Line Pet Wellness Corporation that link to these Terms (collectively, the “Services”). These Terms create a binding legal agreement between you as a user of the Services and apply whether you are a customer that registers an account to subscribe to certain features offered through the Services (an “Account”) or an unregistered user simply accessing the Sites and/Services.

BY ACCESSING OR USING ANY PART OF THE SITES OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITES OR ANY SERVICES. IF YOU HAVE ANY QUESTIONS OR REQUIRE CLARIFICATION OF THESE TERMS, PLEASE CONTACT US AT THE INFORMATION PROVIDED BELOW UNDER “CONTACT INFORMATION”.

1. GENERAL

   1. Eligibility. You understand and agree that to use and/or access the Services you must be of legal age in your jurisdiction.
   2. International Access. While portions of the Services may be accessed from outside Canada, certain portions of the Services may only be available within Canada. While these Services may be accessed from outside of Canada, this does not imply that our Services will be made available outside of Canada. If you access and use the Services outside of Canada, you are responsible for complying with your local laws and regulations.
   3. Prohibited Conduct. You may not use the Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Services; (b) use the Services commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services; (d) interfere with or damage the Services, Sites, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services; (g) collect information about users of the Services; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services.
   4. Privacy Policy. Waggle Mail’s Privacy Policy is incorporated into and forms a fundamental part of these Terms.
   5. Modification of Terms. We are always looking for ways to improve the Services and may add, change, or remove features or offerings at any time. When we do so, we will update these Terms. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the amendments.
   6. Arbitration Notice and Class Action Waiver. You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

2. ACCOUNT REGISTRATION; ACCOUNT USE

   1. Account Registration. Certain of our Services are reserved for customers (each a “Customer”). If you would like to become a Customer, we will ask you to complete a registration form and provide a username or email and create a password (“Login Credentials”).
   2. Account Details. When creating an Account, you are required to give truthful contact information (such as name and email address) in accordance with these Terms. Additionally, you are responsible for providing accurate information about your dog so that we can provide you with the appropriate selections in your Subscription Box.
   3. Account Security. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your Account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials.
   4. Acknowledgement to Receive Email or Push Notifications. As a Customer with an Account, you agree to receive emails promoting any special offer(s), including third party offers. We may, from time to time, send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners and/or monthly newsletters. You may opt-out from receiving these correspondences by clicking “unsubscribe” link in any promotional email or text.

3. MEMBERSHIPS, TERMS OF SUBSCRIPTIONS, AND PAID SERVICES

   1. Memberships. We are always working on offering various membership plans for our Customers (each a “Membership”) which include a regular shipment of curated products. Our Memberships are also subject to our Membership Terms which can be found here and which provide additional information regarding Memberships (for example term, delivery frequency, and pricing) and which will be updated from time to time as Membership options evolve. To initiate a Membership, you must first register as a Customer and create an Account. As part of the registration process, you will be prompted to provide information about your dog (for optimal gift selection), your shipping information (including your address and billing information), and your valid email address. The information that you provide to Waggle Mail, including your credit card information, is subject to Waggle Mail’s Privacy Policy.
   2. Subscription Periods. Once you subscribe for a Membership, your Membership will provide you with a curated Waggle Mail box (the “Subscription Box”) based on the terms of the Membership that you have selected (a “Subscription Period”).
   3. Continuous Subscription. YOUR MEMBERSHIP IS CONTINUOUS UNTIL YOU CANCEL. YOUR NON-TERMINATION OF YOUR MEMBERSHIP OR CONTINUED USE OF A PAID SERVICE REAFFIRMS THAT WE ARE AUTHORIZED TO CHARGE YOU FOR SUCH MEMBERSHIP AND/OR PAID SERVICE.
   4. Cancellations. We work hard to make the Subscription Box satisfying; however, you may cancel your Membership by accessing your preferences in your Account or by contacting our Waggle Mail team at the contact particulars set out below. UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED YOUR MEMBERSHIP, YOU WILL CONTINUE TO RECEIVE A SUBSCRIPTION BOX FOR EACH SUBSCRIPTION PERIOD BASED ON YOUR MEMBERSHIP TYPE.
   5. Other Paid Services. We may, from time to time, make other products or services available to you that are not part of the Subscription Boxes offered through a Membership (the “Paid Services”). An order submitted by you constitutes a legally binding offer given by you to us for any additional Paid Services. All orders are subject to our acceptance and your order for additional products will not be deemed accepted until we have received payment of the purchase price of your order.
   6. Termination by Us. We may terminate your Membership and/or Account, without notice, for conduct we believe violates these Terms or our policies, is harmful to our business interests, or for an Account that is inactive for longer than a period of one (1) year.
   7. Termination by You. You may terminate your Membership/Account by following the instructions on the Site or through the Services. Any fees paid are non-refundable.

4. TERMS OF SALES

   1. Selection Period. As a Customer with an active Account and Membership, we will ship you a Subscription Box during each Subscription Period. Each Subscription Box will contain a selection of items for your dog that may consist of a selection from toys, treats, chews, accessories, hygiene products, wellness products, veterinary health products, or other canine-related items (the “Products”). The Products may change with each new Subscription Period. Accordingly, Waggle Mail cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
   2. Ordering. Customers may, from time to time, order products through their Account, including through Paid Services (in the case of Waggle Mail Member Shop, once available) or through their Membership.
   3. Payment of Fees. BY SUBSCRIBING, YOU AGREE TO PAY THE SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED PURSUANT TO YOUR MEMBERSHIP OR THROUGH THE PAID SERVICES. Please note that any payment terms presented to you in the process of using or singing up for an Account and/or Membership are deemed part of these Terms.
   4. Shipping, Handling and Taxes. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, provincial, state, local or other taxes; however, at this time, shipping is included in the fee for Canadian Customers who have a Membership. While we do plan to expand our offerings to other countries, all other Customers shall be responsible for shipping costs unless otherwise stated at time of making your order. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by Waggle Mail in its sole discretion, to cover the cost of processing, handling, and shipping orders, and which may include amounts incurred for customs, transport, and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation. Shipping dates and/or arrival times are only estimates.
   5. Coupons. Coupons have no cash value and cannot be redeemed for cash and there is a limit of one coupon per order. Coupon codes generally expire and are no longer valid for redemption 30 days after their date of issue, but certain coupon codes may have their own redemption period as specified in the coupon. We reserve the right to change or limit coupon codes in our sole discretion.
   6. Promotions and Discounts. We may make portions of the Services available, including a Subscription Box, for free or for a fee from time to time. We may also, from time to time, offer certain promotional codes for discounts. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing Subscription Period. We also reserve the right to initiate special incentive pricing and other programs, which may be limited, at our sole discretion, to defined and limited existing Customers or new Customers.
   7. Availability and Pricing. Prices may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. Any Subscription Box or Paid Service purchase is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
   8. Limits on Orders. We have the right to refuse or limit any orders, limit quantities, Memberships, Subscription Boxes, and Paid Services. We will not be liable if a Product or Paid Service is unavailable or if shipment is delayed.
   9. Payment Information. For your convenience and continuous subscription benefits through a Membership, if your payment method reaches its expiration date and you do not edit your payment information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon Demand. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of products. The terms of your payment will be based on agreements between you and your financial institution, credit card issuer, other provider of your chosen payment method.
   10. Payment Processor. We use a third-party payment service (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to these Terms as well as those terms, conditions, and privacy policies of the Payment Processor. By submitting your credit card information, you grant Waggle Mail the right to store and process your information with the Payment Processor, which it may change from time to time, and you agree that Waggle Mail will not be responsible for any failures of the Payment Processor to adequately protect such information. We are not responsible for errors by the Payment Processor. By choosing to sign-up for a Membership and/or other Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize use, through the Payment Processor to charge your chosen payment method. You further acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
   11. Damage and Risk of Loss. For loss/damage claims, you must notify Waggle Mail within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of a Subscription Box, Paid Services and/or Products and credits to your Account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion. Repeated claims of undelivered Subscription Boxes and/or Products may result in the cancellation of your Membership, Paid Services and/or Account.
   12. Personal and Non-Commercial Use. Please note that the Services are for your personal, non-commercial use, and once delivered to you, may not be resold, redistributed, exported, or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable.

5. WAGGLE MAIL SERVICES CONTENT

   1. Trademarks. The Services are owned and operated by Waggle Mail. The Waggle Mail logo and word mark, and any other product or service name, logo or slogan used by Waggle Mail are the trademarks of Waggle Mail (the “Waggle Mail Marks”) and may not be used in whole or in part without our permission.

   2. Limited Trademark License. You acknowledge that Waggle Mail is the owner and licensor of the Waggle Mail Marks, including all goodwill associated therewith, and that any goodwill arising from your use of the Waggle Mail Marks is for the benefit of Waggle Mail. Users have a personal, non-transferable, non-exclusive right to access and use the Content of the Services subject to these Terms. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Platforms, or Services, whether created by us or provided by another person for display on or through the Services. You may view, copy, download, and print Content that is available on the Sites or through the Services, subject to the following conditions:

      • The Content may be used solely for internal informational purposes. No part of the Services or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose;
      • The Content may not be modified;
      • Copyright, trademark, and other proprietary notices may not be removed; and
      • Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any Content, using framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Services.
   3. Limited License of Other Intellectual Property. Unless otherwise indicated, all other content, including, without limitation, Waggle Mail’s visual interfaces, graphic, design, compilation, information, software, computer code (including source code and object code), services, text, pictures, data, sound files, other files and the selection and arrangement thereof (the “Intellectual Property”) are protected by relevant intellectual property laws. Unless otherwise expressly stated in writing by Waggle Mail, by agreeing to these Terms, you are granted a limited, non-sublicensable license to access and use the Services only for the personal and business purposes contemplated herein and for no other purpose.

6. THIRD PARTY CONTENT
   The Sites and Services may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Sites and Services may contain links to third-party websites. Waggle Mail is not responsible for the content on any linked website, or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party websites.

7. CONTRIBUTION OF USER CONTENT TO WAGGLE MAIL
   Any text, photographs, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions, or other content that you submit, post to or disseminate using the Services or otherwise provide to us are referred to as “User Content”, where the following terms apply to such User Content:

   1. License to Waggle Mail. By sharing, submitting, or uploading any User Content, you grant us a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
   2. Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in these Terms.
   3. Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph, and any other biographical information that you submit with any User Content.
   4. Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Services. Accordingly, you agree and confirm that: (1) you have all rights, licenses, consents and releases necessary to grant Waggle Mail the required rights to disseminate any User Content; and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Waggle Mail’s use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Services, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
   5. No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove, edit or access any User Content for any reason or no reason at all.

8. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURE.
   Waggle Mails respects the intellectual property rights of others. In doing so, we follow the requirements set out in the Digital Millennium Copyright Act (“DMCA”) among other applicable laws. If you are a copyright owner or its authorized agent and you believe that any content used in the Services infringes upon your copyright, please contact Waggle Mail at the contact information below for more information on how to submit your notification of claimed infringement.

9. DISCLAIMERS/NO WARRANTIES
   WHILE WE HAVE CAREFULLY SELECTED THE PRODUCTS OFFERED IN A SUBSCRIPTION BOX, PAID SERVICE OR OTHERWISE, NOTHING IN THE SITES OR SERVICES SHOULD BE CONSIDERED OR USED AS A SUBSTITUTE FOR VETERINARY MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION PROVIDED ON THE SITES AND/OR SERVICES IS FOR EDUCATIONAL AND INFORMATION PURPOSES ONLY AND IS NOT MEANT AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A VETERINARIAN OR OTHER PROFESSIONAL. INFORMATION AND ARTICLES ARE DESIGNED TO EDUCATE YOU ON PET HEALTH CARE AND WELLNESS; HOWEVER, YOU SHOULD ALWAYS SEEK THE ADVICE OF A VETERINARIAN OR OTHER QUALIFIED VETERINARY HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING YOUR PET’S HEALTH, SAFETY AND WELLBEING. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SUBSCRIPTION BOX, PAID SERVICES AND/OR PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR MEDICAL CONDITIONS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THE SITES/SERVICES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SUBSCRIPTION BOX IN WAGGLE MAIL’S DISCRETION. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM USE OF OR ACCESS TO THE SERVICES IS PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY WAGGLE MAIL, AND THAT ANY OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. WAGLE MAIL AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WAGGLE MAIL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SITES AND SERVICES IS TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (iv) THE FUNCTIONS OR SERVICES PROVIDED WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THESE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY
    IN NO EVENT WILL WAGGLE MAIL ITS AFFILIATES OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “WAGGLE MAIL”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITES, SERVICES OR PRODUCTS, EVEN IF WAGGLE MAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. WAGGLE MAIL WILL NOT BE LIABLE FOR LOSS OF REVENUE OR LOSS OF GOOD WILL. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WAGGLE MAIL, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WAGGLE MAIL SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, WAGGLE MAIL SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

11. INDEMNITY
    ‍YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WAGGLE MAIL, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES: (A) ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD, IF TRUE, CONSTITUTE A VIOLATION OF ANY PROVISION OF THESE TERMS BY YOU; (B) ALLEGING BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES ARISING FROM YOU OR A THIRD PARTY’S USE OR MISUSE OF ANY PRODUCT PURCHASED BY YOU ON OR THROUGH THE SERVICES; (C) ARISING FROM OR RELATED TO ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICES WITH YOUR LOGIN CREDENTIALS; (D) ARISING FROM OR RELATED TO OUR USE OF YOUR USER CONTENT IN THE CONTEXT OF THE SERVICES; OR (E) ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR USE OR MISUSE OF THE SITES OR SERVICES. WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY SUCH CLAIM AT YOUR SOLE COST AND EXPENSE. YOU MAY NOT SETTLE ANY SUCH CLAIM WITHOUT OUR EXPRESS WRITTEN CONSENT.

12. EXCLUSION
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. NO ENDORSEMENT
    In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Waggle Mail of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

14. TERMINATION
    We may terminate your use or access to our Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services. You may terminate your Account at any time through your Account, or as otherwise provided on or through the Services as updated from time to time. Waggle Mail will have no obligation to provide a refund of any amounts previously paid to Waggle Mail. Upon termination of your Account under these Terms, all license rights granted by you to Waggle Mail shall survive termination.

15. DISPUTES

    1. Governing Law & Venue and Arbitration. These Terms will be governed by and construed and enforced in accordance with the laws of the Province of Saskatchewan without giving effect to the conflict of laws rules or choice of laws rules thereof. The venue for any action arising hereunder shall be in the City of Saskatoon in the Province of Saskatchewan.
    2. Informal Resolution. If you have any dispute with us, you agree that, before taking any formal action, you will contact us at the information provided below by providing a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
    3. Arbitration. All disputes, controversies or differences between the Parties arising out of or in connection with or in relation to these Terms shall, unless settled by amicable arrangements of the parties, be finally settled by arbitration in accordance with The Arbitration Act (Saskatchewan) where the matter shall be adjudicated by a panel of one Arbitrator, chosen by Waggle Mail. The award rendered in such arbitration shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding any obligation under this Section 15(a), the provisions herein shall not be construed as prohibiting a Party from applying to any court of competent jurisdiction for such injunctive or other provisional relief as may be necessary to protect that Party from irreparable harm or injury or to preserve the status quo pending resolution of a dispute or controversy. If you are a resident in any jurisdiction in which the provisions of this section are found to be unenforceable, then any disputes, claims of causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil court in your jurisdiction of residence. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or shall be forever banned.
    4. Class Action. Neither you, nor we, will participate in a class action or class-wide arbitration for any claims covered by these Terms. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU FURTHER AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE THE PARTY TO THE PROCEEDING.
    5. 30-Day Opt-Out. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30 days) of the date that you first accept these Terms, unless a longer period is required by applicable law. You must then resolve any disputes against us in accordance with the governing law and jurisdiction set out above. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Dispute section, including, without limitation, the arbitration and class-action waiver provisions. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. A notification sent pursuant to this paragraph solely affects these Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

16. MISCELLANEOUS

    1. Survival. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
    2. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be fully enforced under law.
    3. Agency. No agency, partnership, joint venture, or employment relationship is created because of these Terms and neither you nor we have any authority of any kind to bind the other in any respect.
    4. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control.
    5. Waiver. Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that provision. A waiver of these Terms is only valid and effective if it is in writing and signed by the relevant party.
    6. Entire Agreement. These Terms, which incorporate the Privacy Policy, constitute the entire agreement between you and Waggle Mail relating to the subject matter herein.
    7. Contact. All requests for information or documents related to potential, anticipated or current legal proceedings, must be properly serviced on WAGGLE MAIL as follows:
       
       WAGGLE MAIL
       Phone: (888) 924-4364 or (888) WAG-4DOG
       E-mail: support@wagglemail.com
       Attention: Customer Service