Sniff

These Terms of Service constitute a legally binding agreement (the “Terms”) between you (the “User” or “Pet Owner”) and A LA MODE CANINE LLC, hereafter referred to as “ALMC” governing the use of ALMC applications, websites, contents, products, and/or services (the “Services”). By accessing or using the Services, the User agrees to be bound by these Terms. ALMC provides an online venue that allows pet owners and third-party pet care and third-party pet grooming service providers (“Pet Groomers”) to connect with each other using Services made available by ALMC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “ALMC”). ALMC has no control over the conduct of Pet Groomers, or any other Users of the Services.

These Terms contain provisions that govern how claims the User and ALMC have against each other can be brought. These provisions will, with limited exception, require that the User submits claims may have against ALMC to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. ALMC may amend the Terms and modify or update the Services from time to time. User’s continued use of the Services after any such changes are  posted here will constitute your acceptance of the amended Terms. By agreeing to these Terms, the User expressly acknowledges that understands the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If the User does not agree to be bound by these Terms, you may not use or access the Services.

REPRESENTATIONS AND WARRANTIES – User represents and warrants to be at least 18 years old and legally entitled to enter these Terms, and that it has the authority and capacity to enter into and abide by these Terms. User further agrees and warrants User’s Information, that all information that User provides to ALMC or through the Services is true and accurate, and User will maintain that information up-to-date. User will provide ALMC with whatever proof of identity ALMC may reasonably request. User will keep secure and confidential your account password or any identification ALMC provides to the User which allows access to the Services. User will not use the Services to identify Pet owners or Pet Groomers to complete offline transactions that circumvent your payment obligations for the Services. User may not authorize others to use your User status, and may not assign or otherwise transfer User account to any other person or entity.

LEGAL COMPLIANCE – User will comply with all applicable state, federal, and local laws while using the Services. User will not copy or distribute the Services without written permission from ALMC. ACCESS AND USE – User may only access the Services using authorized means. User will not use the Services for any fraudulent purposes or to cause nuisance, annoyance or inconvenience. It is User’s responsibility to ensure to have the correct software and equipment for use with the Services. User will only use an access point or data account that it is authorized to use. ALMC reserves the right to terminate use of the Services if the Services are accessed and/or used with an incompatible or unauthorized device.

PRIVACY POLICY – 

– USER DATA USED FROM SOCIAL BUTTONS

Sniff App use the social buttons to allow users to register and login Sniff app, with the purpose of avoid situations where users forget their own password. 

For that purpose, Sniff app only obtain and store the name and email of the users that give us permission to do so. That data is stored in our database, and is used to prevent to have multiple accounts with the same email. No passwords are stored on sniff’s database. The authentication process is performed by Auth0, who generates the authentication tokens. 

Sniff doesn’t share any user data. This data is used for autenthication purposes, to display the user name on the app, and to send email notifications to the user.

– BACKGROUND LOCATION 

Keep in mind that we have two mobile apps: one for the users who request a grooming service and other for groomers.

Please note that we use the background location only at one specific moment: When a user has an upcoming grooming appointment and wants to know where is the groomer.

Sniff mobile users are able to see the location of the groomer when it’s on the way to the user’s home. Also, is important to mention that when the groomer ends the service, the location service is turned off.

The groomer’s app, is the one that send the information of the groomer location to the user. The user can see the location of the groomer on the user’s app only when the groomer hits the “on my way” button on the groomer’s app. This location service stops when the groomer finishes his/her  services.

PROTECTION OF SERVICES AND USERS – User will not: (1) Create Internet “links” to the Services or “frame” or “mirror” any software on any other server or wireless or Internet-based device. (2) Reverse engineer or access the Services (except as permitted by applicable law) in order to, build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services. (3) Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services. (4) Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws through the Services. (5) Send or store through or on the Services infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights. (6) Send or store through or on the Services material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. (7) Interfere with or disrupt the integrity or performance of the Services or the data contained therein. (8) Attempt to gain unauthorized access to the Services or its related systems or networks. (9) Try to harm the Services in any way.

Please, if you want to delete your account and data please write us to [email protected].

LICENSE GRANT – Subject to User’s compliance with these Terms, ALMC grants User a limited, nonexclusive, non-transferable, revocable license to access and use the Services solely for User’s own personal, non-commercial purposes. All rights not expressly granted to the User are reserved by ALMC and its licensors.

PET OWNER OBLIGATIONS – Pet owner warrants and agrees that: (1) Pet Owner pets are free from fleas, ticks, and other pests; and (2) will have Pet Owner pets fully vaccinated and up to date on all forms of preventative medicine prior to receiving services from a Pet Groomer.

PAYMENT TERMS – Pet Owner understands that use of the Services may result in charges for the services Pet Owner receives from a Pet Groomer. At the time the User’s requests services or goods is confirmed through the use of the Services, ALMC will charge and collect a payment for the processing of such transaction identified as “Processing Fee”, ALMC reserves the right to establish the Processing Fee which can be altered at ALMC discretion. Processing fee charges will be inclusive of applicable taxes where required by law. Processing fee charges paid by User are final and non-refundable, unless otherwise determined by ALMC. If User primary payment method is determined to be expired, invalid or  otherwise not able to be charged, User agrees that ALMC may not complete the processing of the User request of services or goods through the use of the Services. All processing fee charges are due immediately and payment will be facilitated by ALMC using the preferred payment method designated in User’s ALMC account, after which ALMC will send you a receipt by email. After User has received services or goods obtained through the use of the Services, ALMC will facilitate your payment of the applicable charges on behalf of the Pet Groomer, as such Pet Groomer limited payment collection agent. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Groomer. Charges will be inclusive of applicable taxes where required by law. Charges paid by User are final and non-refundable, unless otherwise determined by ALMC. User will not request lower charges from a Pet Groomer for services received by User from such Third-Party Provider at the time you receive such services or goods. All charges are due immediately and payment will be facilitated by ALMC using the preferred payment method designated in User’s ALMC account, after which ALMC will send you a receipt by email. If User primary payment method is determined to be expired, invalid or otherwise not able to be charged, User agrees that ALMC may, as the Pet Groomer’s limited payment collection agent, use a secondary payment method in User’s account, if available. As between User and ALMC, ALMC reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services at any time in ALMC’s sole discretion. ALMC will use reasonable efforts to inform User of charges that may apply, provided that User will be responsible for charges incurred under User’s ALMC account regardless of User awareness of such charges or the amounts thereof. ALMC may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and User agrees that such promotional offers and discounts, unless also made available to User, shall have no bearing on the use of the Services or the charges applied to User. User may elect to cancel request for services from a Pet Groomer at any time prior to such Pet Groomer arrival, in which case User may be charged a cancellation fee. This payment structure is intended to fully compensate the Pet Groomer for the services provided. ALMC does not designate any portion of your payment as a tip or gratuity to the Pet Groomer. Any representation by ALMC to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that ALMC provides any additional amounts, beyond those described above, to the Pet Groomer. You understand and agree that, while you are free to provide additional payment as a gratuity to any Pet Groomer who provides you with services obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. If User at its sole and independent discretion elects to provide additional payment as a gratuity to any Pet Groomer who provides you with services obtained through the Services, User accepts that such additional paymentwill be done directly to the Pet Groomer and ALMC has no inference and intervention in such.

OPPORTUNITY FOR FEEDBACK – After User has received services or goods obtained through the Services, User will have the opportunity to rate its experience and leave additional feedback about your Pet Groomer.

CONSENT TO AUTODIALED TEXT MESSAGES AND PHONE CALLS – User agrees that ALMC may contact you by autodialed text messages and phone calls with information about the Services, User’s account, and with marketing messages, even if your phone number is on a do-not-call list. User is not required to provide this consent as a condition of purchasing anything or using the Services, and may opt out at any time by contacting customer care center. In the event the User changes or deactivates it’s mobile phone number, User agrees to promptly update the ALMC account information.

CONSENT TO CALL RECORDING – User agrees that any phone calls to or from ALMC may be monitored or recorded for quality assurance purposes.

CONSENT TO PHOTO AND VIDEO ACTIVITIES – User understands and agrees that certain Pet Groomers may take pictures, videos, and other forms of recorded media of your pet during the course of providing Services to you. You further understand and agree that Pet Groomers may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to ALMC through the Services. User understands and agrees that such recorded media may be used not only to provide information to User as part of the Services, but also to assist ALMC in quality control, safety, and promotional and marketing activities. User agrees that User has no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within ALMC’s sole discretion.

ALMC INTELLECTUAL PROPERTY – ALMC alone (and its licensors, where applicable) shall own all of the right, title and interest (including all related intellectual property rights), in and to the past, present, and future versions of the Services and all content therein. This content shall include, but is not limited to all layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, materials, technology, interactive features, the “look and feel” of the Services, the compilation and arrangement of the Services, ALMC trademarks, all copyrightable material (including source code and object code) and derivative works or enhancements of any of the above, unless ownership rights remain with a User as part of a User Submission, as described in the User Content section below. ALMC alone (and its licensors, where applicable) shall also own all of the right, title, and interest (including all related intellectual property right), in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by ALMC. The ALMC name, ALMC logo, and the product names associated with the Services are trademarks of ALMC or third parties, and no right or license is granted to use them. Copyright and Alleged Intellectual Property Violations by Users. User may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like ALMC, being asked to remove material that allegedly violatessomeone’s copyright. ALMC respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing any intellectual property rights at our sole discretion, and to terminate the accounts of repeat alleged infringers. User Content Anything posted, uploaded,shared, stored, or otherwise provided through the Services is “User Submission.” Some User Submissions are viewable by other Users. In order to display User Submissions on the Services, and to allow other Users to enjoy them (where applicable), User grants ALMC certain rights in those User Submissions. For all User Submissions, you hereby grant ALMC a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile phone (as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable ALMC to operate the Services, as described in more detail below. This is a license only – User’s ownership in User Submissions is not affected.  However, pursuant to the Intellectual Property Terms & Conditions above, ALMC alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Services, whether provided in a User Submission or not. If User stores a User Submission in its own personal ALMC account, in a manner that is not viewable by any other User (a “Personal User Submission”), User grants ALMC the license above, as well as a license to display, perform, and distribute User Personal User Submission for the sole purpose of making that Personal User Submission accessible to User and providing the Services necessary to do so. If User shares a User Submission only in a manner that only certain specified Users can view (for example, a private message to one or more other Users)(a “Limited Audience User Submission”), then User grants ALMC the licenses above, as well as a license to display, perform, and distribute User’s Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified Users, and providing the Services necessary to do so. Also, User grants such other specified Users a license toaccess that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. If User shares a User Submission publicly on the Services and/or in a manner that more than just the User or certain specified Users can view (a “Public User Submission”), then User grants ALMC the licenses above, as well as a license to display, perform, and distribute User’s Public User Submission for the purpose of making that Public User Submission accessible to all ALMC Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, User grants all other Users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. User agrees that the licenses the User grants are royalty-free, perpetual, sub-licenseable, irrevocable, and worldwide. Finally, User understands and agrees that ALMC, in performing the required technical steps to provide the Services to our Users, may need to make changes to User’s User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. THIRD PARTY INTERACTIONS During User’s use of the Services, it may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between User and the applicable third-party. ALMC and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between User and any such third-party. ALMC does not endorse any sites on the Internet that are linked through the Services, and in no event shall ALMC or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. User recognizes that certain third-party providers of goods and/or services may require User’s agreement to additional or different terms and conditions prior to the use of or access to such goods or services, and ALMC disclaims any and all responsibility or liability arising from such agreements between User and the third party providers. ALMC may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions User agrees to receive such advertising and marketing. If User does not want to receive such advertising it should notify ALMC in writing. ALMC reserves the right to charge User a higher fee for the Services should User choose not to receive these advertising services. This higher fee, if applicable, will be posted on ALMC’s website located at https://www.thegroomers.com. ALMC may compile and release information regarding User and User’s use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. User agrees that it is its responsibility to take reasonable precautions in all actions and interactions with any third party User interacts with through the Services.

INDEMNIFICATION – By entering into these Terms and using the Services, User agrees, to the fullest extent permitted by applicable law, that User shall defend, indemnify and hold ALMC, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, assigns and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: User violation or breach of any term of these Terms or any applicable law or regulation; User violation of any rights of any third party, including Pet Groomers; the actions of User’s pets; or User use or misuse of the Services. DISCLAIMER OF WARRANTIES ALMC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. ALMC DOES NOT REPRESENT OR WARRANT THAT: THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, THE SERVICES WILL MEET USER REQUIREMENTS OR EXPECTATIONS, ANY STORED DATA WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER REQUIREMENTS OR EXPECTATIONS, ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ALMC. ALMC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED BY LAW. INTERNET DELAYS ALMC’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ALMC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. LIMITATION OF LIABILITY ALMC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ALMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALMC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) USER USE OF OR RELIANCE ON THE SERVICES OR USER INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN A PET OWNER AND ANY PET GROOMER, EVEN IF ALMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALMC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ALMC’S REASONABLE CONTROL. IN NO EVENT SHALL ALMC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). ALMC’S SERVICES MAY BE USED BY USER TO REQUEST AND SCHEDULE PET GROOMING SERVICES WITH PET GROOMERS, BUT USER AGREEs THAT ALMC HAS NO RESPONSIBILITY OR LIABILITY TO USER RELATED TO ANY PET GROOMING SERVICES PROVIDED TO USER BY PET GROOMERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. NOTICE ALMC may give notice by means of a general notice on the Services, electronic mail to User’s email address on record in ALMC’s account information, or by written communication sent byfirst class mail or pre-paid post to your address on record in ALMC’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending. User may give notice to ALMC (such notice shall be deemed given when received by ALMC) by sending an electronic mail message to ALMC at: [email protected].

ASSIGNMENT – These Terms may not be assigned by User without the prior written approval of ALMC but may be assigned at any time by ALMC to: a parent or subsidiary an acquirer of assets a successor by merger, any purported assignment in violation of this section shall be void.

TERM AND TERMINATION OF TERMS – These Terms are effective upon User’s access or use of the Services. User or ALMC may terminate participation in the Services at any time, for any reason and ALMC may prohibit User’s use of the Services at any time in its sole discretion. These Terms, and any subsequent modification of these Terms, shall remain in effect at all times after User or ALMC terminate participation or access to the Services.

DISPUTES/MANDATORY INDIVIDUAL ARBITRATION – Any dispute or claim relating in any way to User’s use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that User may assert claims in small claims court if User’s claims qualify.

ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The Federal Arbitration Act and federal arbitration law apply to this agreement. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, User relationship with ALMC, the threatened or actual suspension, deactivation or termination of User account with ALMC, payments made by User or any payments made or allegedly owed to User, any promotions or offers made by ALMC, any claims for fraud, defamation,emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, User must send a letter requesting arbitration and describing User’s claim to ALMC registered agent Jose Negron at [email protected]. The Arbitrator shall be selected by mutual agreement of the Parties. Unless the Parties mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location were the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the governing law applies. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternative strike method from a list of five (5) qualified neutral arbitrators provided by the AAA (American Arbitration Association). The Party with the first strike shall be selected by a coin toss. If an AAA arbitrator is used, then the AAA “Commercial Arbitration Rules and Mediation Procedures” shall apply. Those rules are available here:

www.adr.org/commercial

The location of the arbitration proceeding shall be within a reasonable distance of the place where Contractor provided services under this Agreement, as shall be determined by the Arbitrator, unless the Parties agree in writing otherwise. Likewise, ALMC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where User lives or at another mutually agreed location. USER AND ALMC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator. If for any reason a claim proceeds in court rather than in arbitration User and ALMC each waive any right to a jury trial. User and ALMC also both agree that User or ALMC may bring suit in court to enjoin infringement or other misuse of intellectual property rights. CHOICE OF LAW Except as provided above in the DISPUTES/MANDATORY INDIVIDUAL ARBITRATION section, these Terms will be governed by the laws of Florida without regard to choice of law principles. This choice of law provision is only intended to specify the use of Florida law to interpret this Agreement and does not create any other substantive right to non-Floridians to assert claims under Florida law whether by statute, common law, or otherwise. GENERAL No joint venture, partnership, employment, or agency relationship exists between you, ALMC or any third party provider as a result of these Terms or use of the Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of ALMC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ALMC in writing.These Terms comprise the entire agreement between User and ALMC and supersedes all prior or contemporaneous negotiations, discussions or terms, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties will replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. THIRD PARTY APPLICATIONS The Services may be available or accessed in connection with ALMC applications (“Applications”) made available by third party providers such as Apple, Inc., or Google, Inc. (“Provider”) through their storefronts such as the App Store and Google Play. Both User and ALMC acknowledge that the Terms are concluded between User and ALMC only, and not with any Provider, and that a Provider is not responsible for the ALMC Services; The Application is licensed to User on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for User’s private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; User will only use the Application in connection with a Provider’s device that User own or controls; User acknowledges and agrees that a Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, User may notify the Provider of such failure; upon notification, the Provider’s sole warranty obligation to User will be to refund to User the purchase price, if any, of the Application; You acknowledge and agree that ALMC, and not the Provider, is responsible for addressing any claims User or any third party may have in relation to the Application; User acknowledges and agrees that, in the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property rights, ALMC, and not the Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; User represents and warrants that User is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that User is not listed on any U.S. Government list of prohibited or restricted parties; Both User and ALMC acknowledge and agree that, in User’s use of the Application, User will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both User and ALMC acknowledge and agree that the Provider and its subsidiaries are third party beneficiaries of these Terms, and that upon User’s acceptance of these Terms, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as the third party beneficiary hereof. In the event the User uses the Application to provide User with real-time route guidance, USER’S USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT USER’S SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.