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Program Description:

BluePearl Specialty + Emergency Pet Hospital (“BluePearl”) provides a mobile alert program (the “Program”) that allows pet owners, veterinarians, employees, prospective employees, and others to communicate with BluePearl via text message, subject to these Mobile Terms and Conditions (the “Terms”). If you do not wish to continue participating in the Program or no longer agree to these Terms, you can reply “STOP” to any mobile message from BluePearl in order to opt out of the Program.

User Opt In:

The Program allows users to receive SMS/MMS mobile alerts or information related to BluePearl by users affirmatively opting into the Program, such as signing up online, at a BluePearl facility, or by texting a keyword to a BluePearl telephone number. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by BluePearl to communicate with you does not have the capacity to randomly or sequentially generate telephone numbers. Thus, BluePearl’s mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by signing up to receive text messages from BluePearl or by providing your mobile telephone number to BluePearl when presented with these terms, you agree to receive autodialed mobile messages from BluePearl to the fullest extent permitted under applicable law. Further, the Program is intended to provide users with information they have requested from BluePearl, such as appointment or treatment reminders, employment openings, or other information of interest to the user. You agree that alerts containing information you have requested from BluePearl are not telemarketing messages.

Cost and Frequency:

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with BluePearl.

User Opt Out and Additional Commands:

To opt out (discontinue participation in Program), reply “STOP” to any message you received from BluePearl on your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. The Program may recognize or respond to additional commands and keyword queries. Thus, you may receive additional informational text messages based on your interaction with the Program, even after opting out of receiving the Program’s recurring alerts. You acknowledge and agree that, notwithstanding any prior opt-out attempt, you consent to receive further messages from or on behalf of BluePearl that result from your continued communication with the Program. BluePearl may also provide you instructions on how to rejoin receiving the Program’s recurring mobile alerts when you unsubscribe. You agree that you are subject to the Terms, including any modifications thereto then in effect, when you resubscribe to the Program through any of the available options to do so.

MMS:

The Program will send SMS MTs if your mobile device does not support MMS messaging.

Company Warranty:

BluePearl will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of BluePearl’s control.

Privacy Policy:

By participating in this Program, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.

Dispute Resolution:

In the event that there is a dispute, claim or controversy between you and BluePearl, or between you and any third-party acting on BluePearl’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, BluePearl’s Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Tampa, Florida before one arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”). The Consumer Arbitration Rules of the AAA in effect at the time the arbitration is commenced shall apply. The arbitrator will apply the substantive law of the Florida, exclusive of its conflict or choice of law rules. However, the parties agree that for any disputes arising under the Telephone Consumer Protection Act, the parties agree to apply the law as interpreted by the federal courts of the Eleventh Circuit. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that acceptance of these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Miscellaneous:

You warrant and represent to BluePearl that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. BluePearl reserves the right to change these Terms from time to time in its sole and absolute discretion. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified. You further warrant and represent that you will not provide to BluePearl any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify BluePearl that your prior telephone number is no longer assigned to you.