User Guide

AMOUNTS YOU HAVE PAID TO CUJO FOR USE OF THE SERVICES OR CONTENT IN THE SIX (6)
MONTHS PRIOR TO THE APPLICABLE EVENT.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CUJO AND YOU.
Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without
regard to its conflict of laws provisions.
Agreement to Arbitrate
You and CUJO agree that any dispute, claim or controversy arising out of or relating to these Terms or
the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or
Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the
right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other
intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you
provide CUJO with written notice of your desire to do so by email or regular mail at 2150 Park Place Suite
100, El Segundo, CA 90245, (1-844-GET- CUJO) within thirty (30) days following the date you first agree
to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide CUJO with an
Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and
intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii)
above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide CUJO
with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of
California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Unless you timely provide CUJO with an Arbitration Opt- out Notice, you acknowledge and agree that you
and CUJO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any
purported class action or representative proceeding. Further, unless both you and CUJO otherwise agree
in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise
preside over any form of any class or representative proceeding. If this specific paragraph is held
unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as
provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these
Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with
the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes
(the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules
are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration
Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for
Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney
licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the
parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and CUJO otherwise agree, the arbitration will be conducted in the county where you reside.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the
documents that you and CUJO submit to the arbitrator, unless you request a hearing or the arbitrator
determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be
determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a
reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Copyright © 2017 CUJO LLC. Made in USA. 26
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