Membership Agreement for Veterinary Care Expense Sharing
I. RECITALS, DEFINITIONS & ELECTRONIC SIGNATURE NOTICE
A. Parties, Purpose & Effectiveness
This Membership Agreement For Veterinary Care Expense Sharing (“Agreement”) is entered into collectively between you and each Member (defined below) of the veterinary care expense sharing group that you have identified and been accepted into through the Eusoh System (your “Group”). You and every Member in your Group are the Parties to this Agreement, and all Parties will have reciprocal obligations to and among other groups formed through the Eusoh System as specified in this Agreement.
This Agreement becomes effective only when Eusoh notifies you that every Member of your Group has electronically signed this Agreement through the Eusoh System, as provided in Section III.F.5, and has created and funded their SynapseFi Accounts, as explained in Section II.D.
When you electronically sign this Agreement below, you must check the boxes two boxes to indicate that you acknowledge and agree that:
- Eusoh, Inc. is not a party to this Agreement. Your access to and use of the Eusoh technology platform and the Eusoh mobile app is governed by the Eusoh Terms of Service.
- SynapseFi is not a party to this Agreement. Your creation of, access to and use of your SynapseFi Account as required under this Agreement is governed by SynapseFi Terms of Service and any other agreements you entered into with SynapseFi when you created your SynapseFi Account.
The purpose of this Agreement is to set forth the terms and conditions under which the Members of your Group have established and will conduct a mutually beneficial relationship in which they will pool and share each other’s veterinary care expenses for their specifically identified pet or pets you register on the Eusoh System (the “Covered Pet(s)”), and will accept the benefits and obligations of ratable allocations to and from similar expense sharing groups formed and administered through the communal Eusoh System, all as further described in this Agreement. This Agreement specifies the common rights and responsibilities of all Members of your Group.
Certain recurring terms are defined in this agreement with the defined term appearing in quotes within parentheses, like this: (“Defined Term”). In addition to the defined terms specified throughout this Agreement, the following key terms have the following meanings:
- You are referred to in this Agreement as “you” and also as “Member,” to the extent applicable.
- Other Members of your Group, are referred to as “Members” or “other Members.”
- In this Agreement your Group is simply referred to as “your Group,” but on the Eusoh System your Group will be given a unique name to help you and other Members locate and identify your Group on Eusoh.
- “Eusoh Services” means collectively the services and technology functions provided through Eusoh.com (the “Eusoh System” or the “Site”), as well as any and all other web sites and subdomains or mobile apps owned or controlled by Eusoh, including the content, services and functionality offered on or through the Eusoh System and such web sites and subdomains.
- Covered Pet(s) means the pet or pets that you have registered on the Eusoh System and that have been accepted into a Group.
C. Signing This Agreement
By electronically signing this Agreement as required under Section III.F.5, you signify that you have read, understood and agree to be bound by this Agreement, and any and all future modifications to this Agreement, and have consented to the collection, use and sharing of certain veterinary care expense information with and among the other Members of your Group. You will also be asked to affirmatively acknowledge two specific facts and disclosures about Eusoh and SynapseFI.
BEFORE SIGNING THIS AGREEMENT, PLEASE READ THIS AGREEMENT COMPLETELY AND CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. do not SIGN THE AGREEMENT IF YOU DON’T UNDERSTAND IT, OR IF YOU HAVE DECIDED NOT TO JOIN YOUR GROUP. until you electronically sign this agreement, You are under no obligation to your group, and are not entitled to any SHARING benefits from MEMBERSHIP IN your group.
IN ADDITION, CONSISTENT WITH THE COMMUNAL PURPOSE OF THIS AGREEMENT, PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ALTERNATIVE DISPUTE RESOLUTION PROVISIONS AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS THAT REQUIRES THE USE OF ALTERNATIVE DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
II. Group Participation Terms & Conditions
A. Group Membership Requirements
- Eligibility. You may join and participate in a Group only if you are a current subscriber in good standing of Eusoh Services. You must have the legal capacity to enter into a contract in the jurisdiction in which you reside. Any attempted participation in a Group by anyone under eighteen (18) years of age or the legal age of majority in the relevant jurisdiction in which such Member resides or on behalf of another person other than a Member’s adult parent or child under the age of eighteen (18) is strictly prohibited and in violation of this Agreement. However, a parent or legal guardian may join or participate in a Group on behalf of his or her child under the age of eighteen (18). A Member also may join or participate in a Group on behalf of his or her adult parent. If you are such a parent or guardian or if you are joining or participating in a Group on behalf of an adult parent, you agree to stand in the shoes of such child or parent for the purposes of satisfying the obligations owed to the other Members under this Agreement. Membership in a Group is not available to any Members who were previously removed, voluntarily or involuntarily, from a Group, or whose Eusoh Account or SynapseFI Account has been terminated for any reason.
- Member Questionnaire. When you applied for membership in a group, you were asked to fill out and submit a Member questionnaire (“Member Questionnaire”) detailing information about you and your Covered Pet(s), and your responses were used to facilitate the selection of an appropriate veterinary expense sharing group for you to join. By signing this Agreement, you affirm and ratify the accuracy and completeness of all information you provided in the Member Questionnaire. In responding to the Member Questionnaire and, after becoming a Member of your Group under this Agreement and submitting Reimbursement Requests (defined in Section II.C.3.a below), you are voluntarily disclosing personal information that may be legally considered private or confidential.
Notwithstanding any provision of law related to such private information, you acknowledge that all such information may be viewed by Members of your Group, by Eusoh and Eusoh’s third-party administrators. You further acknowledge and agree that sharing your personal information with other Members of your Group, with Eusoh and Eusoh’s third-party administrators through the Eusoh system, is entirely voluntary and you hereby consent to such provision of personal information. If you do not wish to share your personal information with other Members of your Group, then you should not join a Group and you should not sign this Agreement.
- Your Covered Pet(s). Through the Eusoh System you have been matched with and accepted into your Group based on the information you provided in your Member Questionnaire about yourself and the pet identified and described in the Member Questionnaire (your “Covered Pet(s)”). Your participation in your Group is expressly limited to facilitating the sharing of veterinary care expenses you incur specifically and solely for your Covered Pet(s) that are within the categories of veterinary care expenses that your Group has agreed to share under this Agreement.
B. Prohibited Conduct
- Membership Restrictions. You agree not to engage in any of the following prohibited activities: (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, money laundering, hiding or attempting to hide your identity or (ii) misrepresenting the source, identity or content of any Member Information.
- Compliance with Laws. You represent and warrant that (i) you have complied and will continue to comply with all applicable laws, statutes, ordinances and regulations (including without limitation the CAN-SPAM Act of 2003 and related rules and regulations, any and all marketing and solicitation related laws, and any and all relevant data protection or privacy laws) in your participation in your Group and (ii) because you have agreed to share with other Members your Member Information and other Members have agreed to share their Member Information with you, you have the authority and written consent from the other Members of your Group to access and use such information solely for the purposes permitted in this Agreement.
- No Discrimination. Neither you nor any other Member shall engage in discrimination of any Member based on race, religion, national origin, sex, ethnicity, disability, gender identity, sexual orientation, age or any other protected class, and you agree to treat everyone in your Group and the Eusoh community with respect and without judgment or bias.
C. Expense Sharing
- Agreement to Share. This Agreement provides for the sharing of specified, predetermined amounts of limited categories of veterinary care expenses by the Group that are specifically set forth on the Eusoh System (“Sharable Expense”). By entering into this Agreement, you agree: (i) to share with all other Members of your Group and fund from the pledge in your SynapseFi Account your allocated share of the Shareable Expenses incurred by the Members and approved for sharing during the Term of your Group; (ii) to accept your ratable share of the benefit of deposits into the Group from other groups formed and administered through the Eusoh System to cover any Excess Sharable Expenses (as defined below) incurred by your Group and approved for sharing; and (iii) to share and fund your ratable share of Excess Sharable Expenses incurred by other groups formed and administered and approved for sharing through the Eusoh System.
- Categories of Shareable Expenses. In general, this Agreement is intended to result in the sharing of expenses incurred for care or treatment that a veterinarian determines to be reasonable and necessary to further the recovery of your Covered Pet(s) from a non-recurring health condition or injury suffered by your Covered Pet(s). By way of example and distinction, this Agreement is NOT intended to result in the sharing of routine, normal and anticipated expenses you incur in the ordinary course of owning and caring for your Covered Pet(s), including food, treats, grooming, or pet accessories. The more specific definitions of Sharable Expenses as set forth on the Eusoh System are incorporated into and made a part of this Agreement, and will control the determination of whether a particular expense is suitable for sharing under this Agreement. You agree not to submit any Reimbursement Requests for expense that are not Sharable Expenses.
- Expenses Reimbursement Requests. The following provisions govern the submission and processing of requests for reimbursement of Sharable Expenses incurred for your Covered Pet(s).
- Submission of Reimbursement Requests. No later than the 28th day of each month, you agree to use the Eusoh System to submit all requests for reimbursement of Shareable Expenses you incur for your Covered Pet(s) during the prior month (“Reimbursement Requests”). All Reimbursement Request shall be submitted according to the procedures described on the Eusoh system. Reimbursement Requests, determinations of whether a Reimbursement Request is based on a Sharable Expense, and the processing of reimbursements, will be under the exclusive control of a third-party administrator for the Group, which may or may not be Eusoh or an affiliate of Eusoh (the “Sharing Administrator”). The determinations of the Sharing Administrator are final and binding on the Member submitting the Reimbursement Request, subject to the Member’s right to seek review and reconsideration of a declined Reimbursement Request pursuant to Subsection (c) below. None of the other Members shall be liable for any error, omission or failure of the Sharing Administrator to process and honor a Reimbursement Request.
- Rejection of Reimbursement Requests. You and the Members of the Group hereby appoint Eusoh to act as the exclusive Sharing Administrator, agree that the Sharing Administrator shall have the right in its sole discretion to reject any Reimbursement Requests (in whole or in part) if the Reimbursement Request seeks reimbursement for any expense that is not a Sharable Expense. None of the Members of your Group shall be liable to you for the rejection of a Reimbursement Expense, and you are not liable to any other Member of your Group whose Reimbursement Request is rejected. The submission of a Reimbursement Request in no way creates a guarantee or commitment for payment or the timing thereof.
- Appeals of Rejection of Reimbursement Requests. If you desire to challenge the Sharing Administrator’s rejection of a Reimbursement Request, you agree to follow the appeal and review process provided for on Eusoh.com and to accept the outcome of that process as final and conclusive.
- Reimbursement Amounts for Shareable Expenses. The amount of a Sharable Expense that will actually be shared and allocated among the Members of your Group, and then reimbursed to you, may not be the actual amount of expense you incur for services. The actual amount of reimbursement you receive will be based on the amount the majority of Members are paying for similar services, as determined by data accumulated the Eusoh System. You will be reimbursed an amount equal to the average amount that Members are spending for the type of service, subject to a standard variance to account for regional differences. If your expense is more than that amount, you will not get reimbursed for the excess amount you incurred. The average price Members are paying for the specified services is provided on the Eusoh System under the “Browse Services” tab. This information should be utilized by you at or before you seek veterinary care for your Covered Pet(s), and is intended to assist you in ensuring that you are paying a fair amount for those services. You may always elect to pay more than the reimbursable amount, but that voluntary decision will not entitle you to reimbursement of the entire amount you decide to spend for the services.
- Sharing and Allocation of Expenses to Members. On a monthly basis, the Sharing Administrator shall make the following calculations and allocations to Members:
- Group Monthly Share: The Sharing Administrator, through the Eusoh System, will calculate the aggregate amount of approved Reimbursement Requests submitted by the Members of your Group for the prior month (“Group Monthly Expense”), and shall calculate and allocate an equal share of such aggregate amount to each Member of the Group (“Group Monthly Share”);
- Excess Shareable Expenses:
- Excess Sharable Expense Credits. If the Sharing Administrator determine that the aggregate amount of approved Reimbursement Requests submitted by the Members of your Group for the prior month exceeds the Group’s Monthly Expense Maximum, the Sharing Administrator shall calculate the amount by which the Group Monthly Expense exceeds the Group’s Monthly Expense Maximum to determine the excess sharable expense to be reallocated among all applicable groups formed and administered through the Eusoh System (the “Excess Sharable Expenses”), and shall allocate to such other applicable groups their ratable shares of the Excess Sharable Expenses of your Group. Following such reallocation, the Sharing Administrator shall credit to you an amount equal to your share of the Excess Sharable Expenses reallocated to and collected from the other applicable groups.
- Excess Sharable Expense Debits. If the Sharing Administrator determine that the aggregate amount of approved Reimbursement Requests submitted by the Members of your Group for the prior month is less than the Group’s Monthly Expense Maximum, your Group is subject to an allocation of the Excess Sharable Expenses incurred by all applicable groups formed and administered through the Eusoh System, as calculated by the Sharing Administrator on the same basis as the Sharing Administrator calculated your Group’s Excess Sharable Expenses. In the events your Group is allocated a portion of Excess Sharable Expenses from other groups, the Sharing Administrator shall ratably distribute and allocate such amount ratable among all Members of your Group, and your SynapseFI Account shall be debited in the amount of your allocated amount.
- Acknowledgement – No Guaranty of Equal Exchange. You acknowledge that the result of entering into this Agreement and joining your Group for the purpose of communal pooling and funding of the Shareable Expenses of all members of the Group is that the final amount of your personal Shareable Expense during any given period will not be exactly equal to your personal contributions to and funding of the aggregate Shareable Expenses of the Group or to your Reimbursement Requests; your contributions may be more than or less than your personal expenses or amounts received by you for your Reimbursement Requests. Nothing in this Agreement shall be interpreted as any type of guaranty or assurance that the exchange of contributions and Reimbursement Requests will be equal.
D. Funding of Expense Sharing & SynapseFi Account Requirement
- Creation of SynapseFi Account. You and all Member of your Group are required to create an Account with SynapseFi, Inc. to be used solely for purposes of performing your funding obligations under this Agreement (“SynapseFi Account”). Your SynapseFi Account will be used solely forpurposes of, and is the only available or authorized mechanism for funding your Group Monthly Share, ifany, and to receive pledge deposits based on your approved Reimbursement Requests. The Eusoh System will notify you of the minimum pledge amount you are required to maintain at all time in your SynapseFi Account, which amount will be equal to the amount required of all Members of your Group, and you agree to maintain the available balance in your SynapseFi Account at not less than that pledge amount. Your SynapseFi Account will be created pursuant to and governed by a separate legal agreement between you and SynapseFi, the terms of which are not part of this Agreement, notwithstanding that fact that you will be required to authorize SynapseFi to make distributions from and accept deposits into your SynapseFi Account pursuant to instructions from the Sharing Administrator.
- Ownership & Control Of SynapseFI Account. You will be the owner of all funds deposited into your SynapseFi Account, notwithstanding any access authorization to your SynapseFi Account that you may grant to any third party, including SynapseFi, Eusoh, and/or the Sharing Administrator, and notwithstanding the withdrawal limitations specified in subsection 3 below. You acknowledge and agree that Eusoh, SynapseFi, and the other Members of your Group are not responsible for any breaches of payment method security or privacy related to your SynapseFi Account. All amounts on deposit in your SynapseFi Account at the termination of this Agreement shall be and remain your sole property, with your access and control being governed exclusively by the terms of your separate account agreement with SynapseFi.
- Pledge Balance. If you terminate your participation in this agreement prior to the end of the term of your Group, any remaining pledge balance in your SynapseFi Account will be forfeited and will be available to the Members of your Group to fund your future Group Monthly Share, with any residue at the expiration of your Group to be donated to a charity specified by Eusoh. You may not draw funds out of your Dowalla Account if doing so will cause your balance to fall below your required pledge amount. At the completion of the term of your Group, the full balance can be withdrawn from your SynapseFi Account.
- Changes to Account Provider. If SynapseFi is no longer available for any reason to provide electronic payment processing services to the Eusoh System and Members, and a new or replacement payment processor is identified, all references to SynapseFi and to SynapseFi Accounts in this Agreement shall be deemed to refer to the new or replacement payment processor.
E. Term & Termination
- Term. The Term of this Agreement will commence when you receive the notification from Eusoh referred to in Section I.A that your Group has become active, and shall continue for one (1) year thereafter (the “Term”).
- Group Termination. This Agreement shall terminate automatically (a) if at or before the end of the Term, any Members provide notice through the Eusoh System of their election to discontinue membership in the Group and such departing Members are not replaced with new Members; or (b) if during the Term, the number of members in the group falls below the required minimum number of the Members terminate membership in your Group and are not replaced with new Members within thirty (30) days of their termination.
- Individual Member Termination. Your Agreement shall automatically terminate at any time during the Term in the event that (a) you notify the other Members of your Group through the Eusoh System of your election to withdraw from the Group, (b) you fail to maintain the required balance in your SynapseFi Account, as notified through the Eusoh System, (c) you fail to maintain in good standing or otherwise terminate your Eusoh Account, (d) you engage in any fraudulent, abusive, or illegal activity in connection with your Group, your SynapseFi Account or your Eusoh Account, or (e) it becomes apparent you misrepresented information in your member questionnaire. Upon and notwithstanding any termination under this Section, you will remain responsible for the funding of your Group Monthly Share and your allocated portion of any Excess Sharable Expenses allocated to your Group for the period prior to your termination. No pending Reimbursement Requests will be processed for a terminating Member following automatic termination under this Section.
III. GENERAL PROVISIONS
- Agreement is Not Insurance. You acknowledge and agree that this Agreement is not an insurance policy, and none of the other Members of your Group, Eusoh or SynapseFI are assuming from you any financial obligation that you undertake to any veterinary or other covered care provider for your Covered Pet(s), and you remain solely liability for the payment of professional fees and expenses you incur for such services.
- Relationship of the Members. You acknowledge and agree that the relationship of the parties to this Agreement (the Members of your Group) is and shall be that of a voluntary association. Your Group is not a separate legal entity, and this Agreement does not create a partnership or joint venture. Neither you nor any other Member can bind another Member or create any relationship of principal or agent.
If you engage in any fraudulent, abusive, or illegal activity in connection with your Group, your SynapseFI Account or your Eusoh Account that results in termination under Section II.E.3(d) (“Terminating Misconduct”), you agree to defend, indemnify and hold harmless each of the other Member in your Group, Eusoh and SynapseFI from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) (collectively, “Losses”) arising from your Terminating Misconduct.
C. No Warranty
YOUR MEMBERSHIP IN A GROUP IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. USE OF YOUR MEMBERSHIP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR MEMBERSHIP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EACH MEMBER DOES NOT WARRANT THAT YOUR EUSOH MEMBERSHIP WILL MEET YOUR REQUIREMENTS. THE OTHER MEMBERS DO NOT WARRANT OR GUARANTEE THAT YOU WILL RECEIVE ANY CERTAIN AMOUNT OF REIMBURSEMENTS FOR SHARABLE EXPENSES OR THAT YOU WILL RECEIVE PAYMENT AT ALL FROM MEMBERSHIP IN YOUR GROUP, AND THE OTHER MEMBERS OF YOUR GROUP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LACK OF SUCCESS OF ANY REIMBURSEMENT REQUEST BY YOU FOR PAYMENT OF SHARABLE EXPENSES OR DELAY IN RECEIPT OF PAYMENT FOR ANY SHAREABLE EXPENSES. THE OTHER MEMBERS OF YOUR GROUP DO NOT MAKE ANY ENDORSEMENTS OF ANY PARTICULAR MEMBER, NOR ARE YOU ENDORSING ANY OTHER MEMBER. ALL MEMBERS EXPRESSLY DISCLAIM ASSUMPTION OF ANY LIABILITY OR RESPONSIBILITY FOR EXPENSES YOU INCUR TO PROVIDE VETERINARY CARE FOR YOUR COVERED PET, AND FOR THE SUCCESS OF ANY REIMBURSEMENT REQUEST.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
D. Limitation of Liability
YOUR MEMBERSHIP IN A GROUP IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY MEMBER BE LIABLE TO ANOTHER MEMBER UNDER THIS MEMBERSHIP AGREEMENT FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
AS EUSOH IS NOT A PARTY TO THIS AGREEMENT, EUSOH SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER MEMBER UNDER THIS AGREEMENT.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EUSOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
E. Governing Law; Alternative Dispute Resolution & Class Action/Jury Trial Waiver
- Governing Law. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
- Alternative Dispute Resolution. Before resorting to any legal action against any Member of your Group to resolve a dispute under this Agreement, you agree to first tender the dispute through the Eusoh System to attempt to achieve a negotiated resolution. Eusoh may contact the Members of your Group, and may suggest that the Group select a subcommittee of the Members of your Group to mediate and resolve the issue.
- Class Action/Jury Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO ALL PERSONS, ALL CLAIMS MUST BE BROUGHT IN THE MEMBER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EACH OTHER MEMBER OF YOUR GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO RESOLVE CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT.
F. Miscellaneous Provisions
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by any Member. Your membership in your Group is personal to you and to your Covered Pet(s). Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to the Agreement. The terms of this Agreement will not change during the Term without the consent of all Members of your Group. However, updated or amended forms of this Agreement may be required at or prior to an annual renewal of the Term. In the event of the introduction of a new form of Agreement, all Members of your Group will be given notice from the Eusoh System in advance of the renewal date
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any Member’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Electronic Signature. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Counterparts must be executed and delivered by electronic signature through the Eusoh System, which is accessible through your Eusoh Account. From and after the effective date of this Agreement, a fully executed copy of this Agreement will be available to all Members through their Eusoh Accounts. Any Members accessing the fully executed copy of this Agreement through their Eusoh Account may rely on receipt of the document so executed and delivered as if the original had been received.
- Entire Agreement. This Agreement, together with all agreements or documents incorporated by reference, any and all amendments, shall constitute the entire agreement between you and the Members in your Group concerning your participation in your Group and your rights and responsibilities to all other Members of groups formed through the Eusoh System.