TERMS AND CONDITIONS

TERMS AND CONDITIONS

Effective Date: October 31, 2025

PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE. THEY CONTAIN A MANDATORY ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. THIS REQUIRES YOU AND VETCHY TO RESOLVE MOST DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU HAVE A LIMITED TIME TO OPT OUT OF THIS ARBITRATION AGREEMENT. YOUR RIGHT TO OPT OUT IS EXPLAINED IN THE “DISPUTE RESOLUTION” SECTION 21 BELOW.

Welcome to Vetchy Swimwear. These Terms of Service set forth the terms and conditions that apply to your access and use of our website (https://vetchy.com/) (the “Site”) and any other products and services (collectively, the “Services”) provided by Vetchy. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.

The terms “Vetchy” or “us” or “we” or “our” refer to Vetchy, LLC, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

1. Acceptance. You agree to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). These Terms of Service are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.

2. Modifications. These Terms of Service may be amended at any time by us without specific notice to you. The latest version will be posted on our website, and you should review these Terms of Service prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

3. Privacy. The Privacy Policy is incorporated by reference into these Terms of Service, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.

Mobile Messaging Terms
The Program terms are subject to the mandatory arbitration and class action waiver provisions detailed in Section 21 of these Terms of Service.

By enrolling, subscribing, or otherwise consenting to receive text (e.g., SMS and MMS) messages from Vetchy or on its behalf (the “Program”), you agree to receive recurring text messages from and on behalf of Vetchy through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Program-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders, exclusive offers, product promotions etc.).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Vetchy. Your participation in this program is completely voluntary.

We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Program at any time. Text the single keyword command STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number from which you received our message, or click the unsubscribe link (where available) in any text message to cancel. After opting out, you may receive a final confirmation message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Vetchy mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. Alternative opt-out methods, such as texting non-keyword commands or making a verbal request, are not considered a reasonable means of opting out.

For Program support or assistance, text HELP to the number you received messaged from or email customercare@vetchy.com.

We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change or deactivate your mobile number, you must notify us at customercare@vetchy.com before discontinuing use of the number to prevent messages from being sent to the wrong recipient. You agree to indemnify Vetchy for any claims and liabilities arising from your failure to provide this notice, including claims under the Telephone Consumer Protection Act (TCPA), its state law equivalents, or any other applicable federal or state laws related to messages sent to your former number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

To see how we collect and use your personal information, please see our Privacy Notice.

For assistance, text HELP to the number you received messages from or email info@vetchy.com.

4. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services do not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.

5. Trademarks. Vetchy’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vetchy or its affiliates or licensors. You must not use such marks without the prior written permission of Vetchy. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

6. Limited License; Permitted Use. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms of Service. All other rights are reserved.

7. Restrictions and Prohibitions on Use. You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:

sell or resell any products purchased and/or samples that you purchased or otherwise received from us;
use the Services in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Site or Services;
attempt to gain unauthorized access to the Site, the Services, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
create user accounts by automated means or under false or fraudulent pretenses;
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
run Mail list, Listserv, or any form of auto-responder or "spam" on the Services;
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Services, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Services;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Users for any unauthorized purpose;
submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of its affiliates or any third parties;
use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
share or disclose with anyone any information obtained through the Service about any investment offerings; or
use the Services for any commercial purpose whatsoever other than for your personal use.

8. Account Creation and Guidelines. You may need to create an account in order to access and use certain Services and/ or features on the Site. In order to create an account, you will be required to provide us with certain information, including, but not limited to, your name, email address, and phone number. You agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You acknowledge and agree that (i) any post or recommendation from your account will be deemed to be a post or recommendation authored or sent by you; (ii) all posts and recommendations should be related to the applicable topic, product, or service and shall not be abusive, obscene, threatening, defamatory, libelous, explicit, or offensive in any way; (iii) all posts will be accurate and truthful; (iv) you will not sell or buy any product or service through the Services that is not intended to be sold or bought through the Services; (v) you will not post information that (A) infringes on the intellectual property of other, (B) is confidential or sensitive, or (C) is illegal or objectionable. You authorize Vetchy, directly or through third parties, to make any inquiries we consider necessary to validate your identity. Vetchy reserves the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in, or seems to have been used in, a nefarious manner.

9. Content, Errors, Corrections and Changes. We aim to maintain accuracy throughout the Services, but we do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We do not routinely screen or monitor the Services, but we reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services, but we do not have the obligation to do so.

10. Third-Party Content. The products, content, and services from third parties that appear throughout the Services are the products, content, and services of those third parties. Vetchy does not endorse, support, represent, or guarantee the accuracy, reliability, or quality of these products, content, or services. If you access any third party’s website, service, or content, you do so at your own risk and you agree that Vetchy has no liability arising from your use or access to such third party’s website, service, product, or content. Other third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor do they necessarily reflect our beliefs.

11. Unlawful Activity. We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

12. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.

13. Nontransferable. Your right to use the Site and Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.

14. Linked Sites. The Site may contain links to other internet sites, applications and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than us. We do not endorse, and are not responsible or liable in any way for, any content, advertising, services or goods on or available from such Sites, applications or resources. The linked sites are not under the control of us and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by us, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by us, or any of our affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between us, or any of our affiliates, and any linked third party or their content. We do not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites. Third parties’ sites are not subject to our Terms of Service and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

15. Disclaimer. You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site. WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services. While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

16. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.

17. Use of Information. We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Site and Services. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to your or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

18. Enforceability, Severability, Survival. Except as expressly provided in Section 21 (“Mass Arbitration”) and Section 23 (“Waiver of Class or Consolidated Actions”), if any provision of these Terms of Service is held to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

All provisions of the “Dispute Resolution” section (Sections 21-24) and this Section 18 shall survive any termination of your relationship with Vetchy.

Vetchy’s failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Vetchy.

19. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, and regulations regarding your use of the Site and Services provided therein.

20. Contact Information. If you have any questions or concerns about these Terms of Service, please email us at info@vetchy.com

21. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE, WITH LIMITED EXCEPTIONS, IT REQUIRES YOU AND VETCHY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND VETCHY CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND VETCHY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND VETCHY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

Informal Dispute Resolution Procedure. To expedite resolution and control the cost of any dispute, controversy, claim, proceeding, action, or disagreement arising out of or related to your use of the Services, any transaction conducted on the Site, payments to or by Vetchy, or these Terms (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory)(each a “Dispute”) brought by either you or Vetchy, the Parties agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally, as described below (“Informal Dispute Resolution Procedure”) before initiating arbitration or any formal proceeding.

The party asserting the Dispute shall first try in good faith to resolve such Dispute by providing a written notice (the “Dispute Notice”) to the other party, outlining the relevant facts, circumstances, and any supporting documents. The Dispute Notice must be on an individual basis, and you agree to provide: (1) your full name, mailing address, and email address; (2) a detailed and individualized description of the nature and basis of the Dispute, including any supporting documentation; (3) all relevant transaction details; and (4) a description of the specific relief sought and how it was calculated. You must personally sign your Dispute Notice and send it by certified U.S. Mail or a reputable delivery service by which the delivery and receipt may be tracked, to: 10250 Constellation Blvd, Los Angeles, CA 90067

Within 60 days after Vetchy receives a complete Dispute Notice, the parties must conduct an individual meet-and-confer via teleconference or videoconference (the “Conference”). You must personally appear for and participate in the Conference, even if represented by counsel. If the Dispute is not resolved within 30 business days of the Conference, the party asserting the Dispute may proceed to arbitration.

Compliance with this Informal Dispute Resolution Procedure is a prerequisite and condition precedent to commencing any formal proceeding. A court of competent jurisdiction shall have the authority to enjoin the filing of any arbitration that fails to strictly comply with this procedure. If you fail to strictly comply, Vetchy shall not be obligated to pay any of your arbitration fees.

Any statute of limitations will be tolled while the parties engage in the Informal Dispute Resolution process described in this section. The tolling shall begin on the date a complete Dispute Notice is received by the responding party and shall end 30 days after the conclusion of the Conference, at which point the limitations clock shall resume.

Binding Arbitration. To the extent a Dispute cannot be resolved through the Informal Dispute Resolution Procedure described above, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by confidential, binding individual arbitration in accordance with the terms of this “Dispute Resolution” section, rather than in court, except that either party may assert a Dispute in small claims court if your Dispute qualifies. This subsection “Binding Arbitration” and the subsection below “Mass Arbitration”, collectively constitute the “Arbitration Agreement.”

By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate their Disputes and the arbitrability of any Dispute or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied.

The arbitration shall be commenced and conducted by Judicial Arbitration and Mediation Service (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures (and, where applicable, the JAMS Consumer Arbitration Minimum Standards and JAMS Mass Arbitration Procedures and Guidelines) then in effect, as modified by this Arbitration Agreement (the “JAMS Rules”). The JAMS Rules are available at www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable JAMS Rules or applicable law, the arbitration will take place in the city and country where Vetchy’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location mutually agreed upon by the Parties. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Mass Arbitration. If 10 or more similar arbitration demands are filed against Vetchy by parties represented by the same or coordinated law firms (“Mass Arbitration”), additional rules apply. Each demand filed as part of a Mass Arbitration must be accompanied by a sworn declaration from counsel averring that the claims asserted are warranted by existing law and that the information in the demand is true and correct to the best of counsel’s knowledge, information, and belief, formed after a reasonable inquiry. In a Mass Arbitration, the parties agree that the JAMS Mass Arbitration Procedures & Guidelines shall apply and further agree to the following process: (i) the Mass Arbitration will be administered in sequential batches of 10 demands each (or the remainder if fewer); (ii) only one batch may be filed, processed, or adjudicated at a time; (iii) fees associated with a demand for arbitration shall only be due after that demand is included in a batch and that batch is properly designated for processing; and (iv) any disagreement over the application or enforcement of this batching provision shall be resolved by a procedural arbitrator appointed by JAMS. The statute of limitations for your Dispute will be tolled from the time the first demand in the Mass Arbitration is filed until your Dispute is selected for a batch. The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Arbitration.

If the batching provision in this section is found to be invalid, unenforceable, or illegal, then the entirety of the Arbitration Agreement shall be null and void, and neither you nor Vetchy shall be entitled to arbitrate any Dispute that is a part of the Mass Arbitration.

Exceptions to Informal Dispute Resolution and Arbitration. Notwithstanding the foregoing provisions, either party retains the right to bring a qualifying individual action in a small claims court. Furthermore, to the extent a party has a good-faith basis to bring a claim seeking preliminary injunctive relief or to file a claim to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party, that party may bring such a claim in court without first engaging in the Informal Dispute Resolution Process or arbitration. For the avoidance of doubt, the pursuit of such claims in court shall not waive either party’s right to compel arbitration for all other claims and the remainder of the Dispute, which shall be resolved exclusively through arbitration in accordance with the Arbitration Agreement.

Opt-out. You have the right to opt out of the provisions of the Arbitration Agreement by sending written notice of your decision to opt out to the following address: 10250 Constellation Blvd, Los Angeles, CA 90067, postmarked within thirty (30) calendar days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the Arbitration Agreement. If you opt out of this Arbitration Agreement, it will not affect any other part of these Terms of Service. Specifically, you will still be bound by the mandatory Informal Dispute Resolution Procedure. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us.

Changes to this Section. Vetchy reserves the right to change this “Dispute Resolution” section. If we make changes, you may reject any such change by providing us written notice of rejection by certified mail within 30 days of the date the change became effective. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this section. By rejecting changes, you agree that you will arbitrate any Dispute between us in accordance with the Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes).

22. Waiver of Jury Trial.

YOU AND VETCHY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Vetchy are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If for any reason a Dispute proceeds in court rather than in arbitration, this waiver of jury trial shall apply to any such action or proceeding.

While an arbitrator may award on an individual basis the same damages and relief as a court, the arbitrator may not award public injunctive relief. Any claim for public injunctive relief must be brought in a court of competent jurisdiction. If either party seeks public injunctive relief, all other claims and prayers for relief must be adjudicated in arbitration first. The claim for public injunctive relief shall be stayed until the arbitration on all other claims is completed, after which the court may adjudicate the public injunction claim. In adjudicating such a claim, the court shall be bound by the arbitrator’s factual findings and legal determinations under the doctrines of claim preclusion (res judicata) and issue preclusion (collateral estoppel).

23. Waiver of Class or Consolidated Actions.

YOU AND VETCHY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims and may award relief only in favor of the individual party seeking relief and only to the extent warranted by that party’s individual claim.

This provision does not prohibit the application of the process for a “Mass Arbitration” as defined in Section 21, which the parties agree is a tool for the efficient case management of individual claims and is not a class, consolidated, or representative action. If, however, this waiver of class and other aggregated actions is deemed invalid or unenforceable, then the parties agree that neither you nor Vetchy is entitled to arbitrate the Dispute, and such Dispute must be resolved in a court of competent jurisdiction as set forth in Section 24.

24. Governing Law and Exclusive Venue.

The Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any Dispute.

As the exclusive means of bringing any action or proceeding to resolve any Dispute (other than an individual action filed in small claims court) that proceeds in court rather than arbitration, a party may only bring such a proceeding in the state or federal courts located in California, or any appellate court from any thereof. The parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.

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