Terms of Use – SMS

These Terms of Use (“Terms”) govern your use of the SMS (Short Message Service) provided by Great Pet Care (“GPC,” “we,” “us,” or “our”). By providing your phone number and using our SMS service, you agree to comply with these Terms. Please read them carefully before opting in.

1. Opt-In and Consent

By providing your phone number, you explicitly consent to receive text messages from Great Pet Care. You acknowledge that standard messaging and data rates may apply and that message frequency may vary. You affirm that you are the authorized user or have obtained consent from the authorized user of the phone number provided.

2. Service Availability

2.1 Our SMS service is available to customers who have opted in and provided their phone number. We reserve the right to modify, suspend, or terminate the SMS service at any time without prior notice.

2.2 We will make reasonable efforts to provide uninterrupted and error-free SMS services, but we cannot guarantee the availability or reliability of our SMS service at all times.

3. Opt-Out

You may opt-out of receiving SMS messages from us at any time by following the instructions provided in our messages or by contacting our customer support. Opting out of the SMS service will not affect any other services or communications from Great Pet Care.

4. Privacy

4.1 We respect your privacy and will handle your personal information in accordance with our Privacy Policy. By opting into our SMS service, you acknowledge and agree to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

4.2 We may collect certain information related to your SMS usage, such as message delivery status and interaction with the messages, for the purpose of improving our services and ensuring compliance with these Terms.

5. Content and Conduct

5.1 When using our SMS service, you agree not to engage in any unlawful, abusive, or harassing behavior. You shall not send any unsolicited messages or engage in any activity that violates applicable laws or regulations. We reserve the right to terminate your access to the SMS service if you breach these Terms or engage in improper conduct.

5.2 You are solely responsible for the content of the messages you send through our SMS service. You must ensure that your messages comply with all applicable laws and regulations and do not infringe upon the rights of any third party.

6. Intellectual Property

All content and materials provided through the SMS service are protected by intellectual property rights, including but not limited to copyrights and trademarks owned by Great Pet Care or our licensors. You shall not reproduce, modify, distribute, or create derivative works without our prior written consent.

7. Arbitration Process

7.1 Any disputes or claims arising out of or relating to these Terms, including the use of our SMS service, shall be resolved through binding arbitration. Both parties agree to waive their right to a trial by jury.

7.2 A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (American Arbitration Association). If needed, the AAA provides a form Demand for Arbitration and additional forms at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the arbitration will be conducted and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators, unless otherwise agreed by the parties. If the parties are unable to agree upon an arbitrator within fifteen (15) days of delivery of the Demand for Arbitration, then the Court of Common Pleas can appoint the arbitrator in accordance with the AAA Rules.

7.3 The arbitration proceedings shall be conducted in accordance with the AAA Rules, and the arbitrator’s decision shall be final and binding. The arbitration shall take place in Portland, Maine, unless you and GPC agree otherwise.

8. Opt-Out of Agreement to Arbitrate

If you do not want to agree to these Mandatory Individual Arbitration Provisions, you can opt-out by sending an email to [email protected] telling us your name, the cell phone number associated with your account, and that you want to opt-out of the mandatory individual arbitration agreement. In order for your opt-out to be effective, you must email us within thirty (30) days of signing up to receive text messages from us or acknowledging that you have been notified of these Terms, whichever comes later.

9. Fees

The fees and expenses associated with the arbitration process shall be determined in accordance with the AAA Rules. Each party shall bear its own costs, expenses, and fees, including attorneys’ fees, to the same extent as if the matter were being heard in court. However, if a Party prevails on a claim, the arbitrator may award reasonable fees and/or costs to that Party to the same extent as could a judge in court. The arbitrator will resolve any dispute as to who is the prevailing party and as to the reasonableness of any requested award of fees or costs.

10. Changes

10.1 We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on our website or notifying you through SMS. Your continued use of the SMS service after such modifications will constitute your acceptance of the revised Terms.

10.2 Notwithstanding the provisions of the “changes in terms” section above, if GPC changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to [email protected] with “Legal” in the subject line within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of GPC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and GPC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

11. Contact Us

If you have any questions, concerns, or feedback regarding these Terms or our SMS service, please contact us at [email protected].

By opting in and using our SMS service, you acknowledge that you have read, understood, and agreed to these Terms.