Self-Service Advertising Terms of Service
The following terms do not apply to MyPetsWelcome’s managed advertising services. Please contact a MyPetsWelcome sales representative for an insertion order.
These Self-Service Advertising Terms of Service are effective January 1, 2023.
These Self-Service Advertising Terms of Service (these “Ad Terms”) govern Customer’s use of the self-service advertising portal and associated tools for creation, submission, delivery, measurement, analytics, and related activities associated with any advertising or other commercial or sponsored activity or content (collectively, the “Ad Service”) sold by MyPetsWelcome, Inc. and its affiliates (“MyPetsWelcome”), and any advertising campaigns Customer purchases through the Ad Service (“Campaign” or “Campaigns”). The term “Customer” or “you”, as used herein, means the entity whose content will be displayed by MyPetsWelcome through the Ad Service pursuant to these Ad Terms. Where applicable in respect of the placement of Campaigns through the Ad Service, the term “Customer” may also be used to refer to any agent acting on the advertiser’s behalf (“Agency”). BY ACCEPTING THESE AD TERMS, PURCHASING A CAMPAIGN OR UTILIZING ANY PART OF THE AD SERVICE IN ANY MANNER, CUSTOMER REPRESENTS AND AFFIRMS HAVING READ, UNDERSTOOD, ACCEPTED AND AGREED TO BE LEGALLY BOUND BY THESE AD TERMS.
1. Account Creation; Access.
- In order to use the Ad Service as contemplated by these Ad Terms, Customer must create an Ad Service account (“Account”) after receiving an invite from MyPetsWelcome. As part of the Account setup, Customer will set log-in credentials for its Account. For certain customers, MyPetsWelcome may set up log-in credentials for Customer, which Customer may change after logging in. After the initial creation of Customer’s Account, Customer may authorize users, including Agencies, to access and use Customer’s Account on Customer’s behalf for the purposes described in these Ad Terms. It is the Customer’s obligation to validate all approved Account users and to maintain the security of all Account credentials. Customer is responsible for all activity that occurs in its Account, including the actions of each individual and/or Agency with access to Customer’s Account.
2. The Ad Service.
- Customer authorizes MyPetsWelcome to place advertisements, related technology and other content that Customer provides in connection with the Ad Service (“Ad Content”) on any MyPetsWelcome or third party product or property made available in connection with the Ad Service (the “Ad Service Properties”). For the avoidance of doubt, MyPetsWelcome will only place Ad Content on third party Ad Service Properties if authorized by Customer in connection with its Campaign.
- Customer is solely responsible for: (i) Ad Content; (ii) applications, content and properties to which the Ad Content directs or redirects any user, including any services and products referenced in the Ad Content or on Customer’s websites, mobile apps, physical stores, or any other physical or digital medium Customer controls (collectively, “Customer Properties“); (iii) its use of the Ad Service, including ad bidding, trafficking, and targeting decisions; and (iv) providing data usage notices to and receiving consents from all users that engage with its Ad Content.
- Customer grants to MyPetsWelcome a non-exclusive, worldwide, royalty-free, fully-paid up, transferable and sublicensable right and license to access, use, store, distribute, reproduce, modify, transmit, perform, display and publish the Ad Content in inventory placements on the Ad Service Properties and as otherwise necessary to provide the Ad Services. Except as otherwise agreed to in writing, Customer further grants to MyPetsWelcome the right and license to reference Customer as a customer and include Customer’s Ad Content in MyPetsWelcome’s marketing materials and in communications with investors and prospective customers. As between Customer and MyPetsWelcome, Customer acknowledges and agrees that MyPetsWelcome owns all right, title and interest (including, all intellectual property and proprietary rights) in and to the Ad Services, the Ad Service Properties and the Reporting Data. Further, Customer understands that once displayed, Ad Content is public information and may be shared and accessed outside of Customer’s targeted audience.
- For clarity, MyPetsWelcome’s Member Agreement, along with any additional terms between Customer and MyPetsWelcome, including MyPetsWelcome’s Business Services Terms, govern Customer’s use of any MyPetsWelcome website, product, or service other than the Ad Service.
3. Ad Policies.
- Customer’s use of the Ad Service must comply with all Applicable Laws (defined below) and is subject to MyPetsWelcome’s policies made available to Customer (collectively “Ad Policies”), including MyPetsWelcome’s Community Guidelines and Advertising Policies. MyPetsWelcome may modify the Ad Policies from time to time.
- MyPetsWelcome may reject or remove Ad Content at any time for any reason including but not limited to where MyPetsWelcome reasonably suspects or becomes aware that such Ad Content infringes any Applicable Laws, regulations, third-party rights, or Ad Policies.
- MyPetsWelcome may suspend or terminate Customer’s participation in the Ad Service for any reason including but not limited to where MyPetsWelcome believes in good faith that Customer is in breach of the Ad Terms or Ad Policies.
- MyPetsWelcome may modify or cancel the Ad Service in whole or part at any time.
- When Customer purchases a Campaign through the Ad Service, Customer will inform MyPetsWelcome of the type of advertising Customer wants to buy, the amount Customer wants to spend, and, if applicable, Customer’s bid. If MyPetsWelcome accepts Customer’s Campaign, MyPetsWelcome will deliver Ad Content to the audience Customer specifies; provided, however, MyPetsWelcome does not guarantee that in every instance Customer’s Ad Content will reach its intended audience.
- MyPetsWelcome will determine the size, placement and positioning of Ad Content in its sole discretion.
- Scheduling of delivery of Ad Content is subject to availability and may not be continuous.
- MyPetsWelcome does not guarantee the reach or performance of Ad Content, campaigns, Tags, or the Ad Service.
- Customer is responsible for including any legally required disclosures in the Ad Content.
- MyPetsWelcome makes no commitments regarding editorial adjacency, content adjacency, or competitive separation of Customer’s Ad Content on the Ad Service Properties. Customer acknowledges that the Ad Service Properties contain user-generated content.
- MyPetsWelcome may use Ad Content for advertising, marketing, and promotional purposes once the Ad Content has run on the Ad Service Properties.
5. Payments; Cancellation; and Refunds.
- Payments, cancellation, and refunds under these Ad Terms are governed by the Ad Service Payment Terms, incorporated herein by reference.
6. Representations and Warranties.
- Agency represents and warrants that: (i) it is the authorized agent of Customer; and (ii) has the legal authority to enter into these Ad Terms, bind the Customer under these Ad Terms, and use the Ad Service, each on behalf of Customer. Agency will be liable to Customer’s obligations under these Ad Terms to the extent Agency (a) fails to bind Customer to these Ad Terms or (b) breaches its representations and warranties in this Section 6(b).
- Customer and Agency each represents and warrants that it is not named on the Specially Designated Nationals and Blocked Persons List or other sanctions lists administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or otherwise subject to U.S. sanctions, and that its use of the Ad Service will not cause MyPetsWelcome to violate any U.S. sanctions program.
7. MyPetsWelcome Pixel.
- MyPetsWelcome may make available to Customer as part of the Ad Service an HTML tag, pixel, API, other code or technology (and related documentation, tools, or other materials) (the “MyPetsWelcome Pixel”) that enables you to send Customer Provided Ad Data (defined below) to MyPetsWelcome.
- The MyPetsWelcome Pixel is exclusively MyPetsWelcome’s property. When you agree to these Ad Terms, MyPetsWelcome grants you a nonexclusive, limited, non-transferable, revocable, and non-sublicensable license to use the MyPetsWelcome Pixel solely in connection with the Ad Services, including your use of the MyPetsWelcome Pixel to share Customer Provided Ad Data with MyPetsWelcome.
- Customer will not make the MyPetsWelcome Pixel available to any other individual, company, organization, or other entity unless MyPetsWelcome gives you prior written permission to do so.
- When Applicable Laws require an individual to provide consent for storing or accessing information on a device (including without limitation when Directive 2002/58/EC of the European Parliament and of the Council applies), you must obtain such consent as required by Applicable Laws before using the MyPetsWelcome Pixel to enable the storage of or access to information on a device.
- If MyPetsWelcome makes the feature available, Customer may place a “Tag” (which shall mean Customer’s, including its Agency’s or its service provider’s, HTML tag, pixel, or other code or technology) into its Ad Content, provided Customer provides MyPetsWelcome with the code or a means of identifying such code, the specific data that such code will collect or track and how long such data will persist before expiring or being deleted. Additionally, Customer must specifically identify whether such code includes any function for: (a) setting cookies; (b) creating or accessing local shared objects or HTML5 local storage; or (c) obtaining device IDs, advertising IDs, wireless IDs, user account information, geo-location, or address book data.
- Customer may allow the Tag to collect metrics and other analytics solely regarding the performance and effectiveness of Customer’s ad campaign with MyPetsWelcome’s users (“Tag Data”), subject to the MyPetsWelcome Ad Data use restrictions in Section 8(c), below.
iii. To the extent that Customer collects Tag Data that includes personal information, personal data, or other similar terms as defined by Applicable Laws, or information that otherwise relates to an identified or identifiable natural person (“Personal Information”), Customer will comply with all Applicable Laws regarding the processing of such Personal Information and may, where reasonably requested by MyPetsWelcome, be required to provide additional documentation and/or certifications in respect of such compliance.
- Consumer Controls.
- Customer will ensure the Tag is delivered by a member of the Network Advertising Initiative or Digital Advertising Alliance for United States-based campaigns and the European Digital Advertising Alliance for European Union-based campaigns and that an opt-out cookie is provided to allow MyPetsWelcome’s users to opt-out of cookies collected by the Tag.
- Customer will ensure that any opt-outs requested by MyPetsWelcome’s users are honored, whether the opt-out is requested through the NAI, DAA, the EDAA, or some other mechanism.
- MyPetsWelcome may at its discretion provide MyPetsWelcome users with a mechanism to control whether Tags store or access information on their device(s).
- Campaign metrics.
- MyPetsWelcome may generate and provide Customer access to reports measuring and analyzing Customer’s ad campaign(s) (“Reporting Data” and, together with Tag Data, “MyPetsWelcome Ad Data”) through Customer’s Ad Service account.
- MyPetsWelcome Ad Data Use Restrictions.
- Customer shall ensure that: (a) MyPetsWelcome Ad Data is only shared with companies or individuals acting on Customer’s behalf, such as its service providers or data processors and (b) its service providers protect MyPetsWelcome Ad Data, limit their use of all of that information, and keep it confidential and secure.
- Customer may use MyPetsWelcome Ad Data on an aggregated or anonymous basis solely for the purposes of: (a) optimizing Customer’s advertising campaigns run via the Ad Services; (b) assessing the effectiveness and performance of Customer’s advertising campaigns run via the Ad Services; and (c) planning Customer’s advertising campaigns to run via the Ad Services.
iii. Customer will retain any MyPetsWelcome Ad Data for only as long as Customer has a legitimate business need to retain it.
- Customer shall not:
- Utilize any MyPetsWelcome Ad Data to serve targeted advertisements on or off of the Ad Service Properties, nor will it enable or allow any third party to do so;
- Permit or enable any code, pixel, or other tracking technology to attach or redirect to third party tags, pixels, code or other tracking technologies (“piggybacking”) without prior written permission from MyPetsWelcome;
- Resell, share, or otherwise distribute MyPetsWelcome Ad Data in a manner that competes with the advertising services provided by MyPetsWelcome, including, by way of example and not limitation: by claiming to provide data that identifies MyPetsWelcome’s users, data of users that “look like” or share characteristics or behaviors of MyPetsWelcome’s users, or data about, originating from or otherwise related to MyPetsWelcome, the Ad Service Properties or MyPetsWelcome’s users;
- Label, denote or refer to in any manner any MyPetsWelcome Ad Data (whether or not it contains any personally identifiable or personal data) as having been derived from MyPetsWelcome, the Ad Service Properties, or MyPetsWelcome’s users;
- Utilize any MyPetsWelcome Ad Data, including device IDs, advertising IDs, IP addresses, and cookies, relating to any MyPetsWelcome user, nor transfer to, sell to or otherwise allow or enable any third party to make use of MyPetsWelcome Ad Data or any information collected by the Tag;
- Attempt to re-identify any information provided by MyPetsWelcome in Reporting Data or attempt to associate any Reporting Data with any particular end user, household, or device;
- Use MyPetsWelcome Ad Data to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device;
- Use MyPetsWelcome Ad Data to improve or enhance Customer’s systems, products, services, methodologies, technologies, or business, except as set forth in Section 8(c)(ii).
- Data protection and Audit.
- Each party will implement appropriate technical and organizational measures to protect Ad Data which it receives from the other party or processes for the other party against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, access, or processing.
- At MyPetsWelcome’s request from time to time, Customer will (a) reasonably cooperate with any security reviews or assessments that MyPetsWelcome may desire to conduct of Customer’s business, systems, networks, and operations in connection with these terms and (b) promptly provide MyPetsWelcome all documentation necessary to demonstrate your compliance with these terms.
iii. To the maximum extent permitted by Applicable Laws, Customer will: (a) notify MyPetsWelcome promptly following the discovery of any incident that involves or reasonably may involve the unauthorized access, use, disclosure, or loss of any MyPetsWelcome Ad Data or any other suspected breach or compromise of the security, confidentiality or integrity of any MyPetsWelcome Ad Data (“Security Incident“); (b) reasonably cooperate with MyPetsWelcome in investigating and resolving the Security Incident and mitigating the effects of such Security Incident (collectively, the “Security Incident Resolution“), including providing regular updates to MyPetsWelcome regarding the Security Incident until it has been resolved; and (c) permit MyPetsWelcome, or its designated third party representative, to participate in the Security Incident Resolution at MyPetsWelcome’s request.
- Customer Provided Ad Data.
- Customer Provided Ad Data means data (including any Personal Information) that Customer provides to MyPetsWelcome in connection with Customer’s access to and use of the Ad Service. Customer Provided Ad Data may include:
- Hashed Contact Data. Hashed names, email addresses, phone numbers, physical addresses, or other hashed identifiers that Customer provides to MyPetsWelcome for use with the Ad Service (“Hashed Contact Data”).
- Interaction data. Information Customer shares about any individual who uses or interacts with Customer through Customer Properties (“End Users”), End Users’ Internet-connected devices, and the actions End Users take on Customer’s properties, such as visits to Customer’s sites or stores, installations of Customer’s apps, purchases of Customer’s products, and other conversion events (“Interaction Data”). Interaction data may include cookies, advertising IDs, IP addresses, and other data received via the MyPetsWelcome Pixel or other pixels or code on Customer’s website.
- MyPetsWelcome’s Use of Customer Provided Ad Data.
- MyPetsWelcome may use Customer Provided Ad Data for the following purposes, and Customer hereby grants us a perpetual, worldwide and royalty-free license to do so:
- MyPetsWelcome may use Interaction Data for the following purposes:
- Generating and providing Reporting Data to you;
- Understanding when Interaction Data about your End Users is related to people who use MyPetsWelcome;
iii. Improving advertising on MyPetsWelcome by training our ad delivery models; learning about the relevance of advertisements shown on MyPetsWelcome to MyPetsWelcome users; and customizing the content (paid and native) that we show to MyPetsWelcome users (collectively, “Optimization”);
- To deliver your advertisements on MyPetsWelcome to End Users who interact with Customer Properties, for example, when you direct us to create audiences consisting of such End Users. When MyPetsWelcome creates these audiences for you, you may not, and may not authorize any third party, to sell or transfer these audiences. MyPetsWelcome will not sell, transfer, or otherwise provide those audiences to other advertisers without your permission;
- MyPetsWelcome will not share Interaction Data you provide to MyPetsWelcome with any third parties unless (a) you give us permission to do so; or (b) required by law;
- MyPetsWelcome will provide Reporting Data to you only on an aggregated and anonymized basis. MyPetsWelcome will not share Reporting Data generated on your behalf, or any portion thereof, with any third party unless (a) you give us permission to do so; or (b) Reporting Data generated on your behalf have been combined with Reporting Data from multiple other third parties, and information identifying you is removed from any such combined Reporting Data;
vii. MyPetsWelcome will not use Interaction Data for Optimization before aggregating it with other data collected from other advertisers (or otherwise collected by MyPetsWelcome from other sources). MyPetsWelcome will not allow third parties to customize advertising shown on MyPetsWelcome solely on the basis of your Interaction Data.
- MyPetsWelcome may use Hashed Contact Data for the following purposes:
- If Customer provides Hashed Contact Data for ad targeting, MyPetsWelcome will use and process the Hashed Contact Data solely to match it against MyPetsWelcome’s members for purposes of offering the Ad Services. We will delete Hashed Contact Data following the match process.
- MyPetsWelcome may use any Customer Provided Ad Data for the following purposes:
- To respond to an individual’s information or data subject requests;
- To detect data security incidents or to protect against fraudulent or illegal activity;
- To comply with legal obligations under Applicable Laws;
- Improving safety, security, and anti-fraud measures on MyPetsWelcome;
- Research and product development for MyPetsWelcome;
- Creating aggregate, de-identified, or anonymous information, which MyPetsWelcome may use for any purpose;
- Otherwise with your permission.
iii. Customer represents and warrants that it has a lawful basis (in compliance with all Applicable Laws) and/or all necessary rights and permissions for the disclosure and use of Customer Provided Ad Data set forth in these Ad Terms.
- Customer will not share or otherwise provide MyPetsWelcome with Customer Provided Ad Data that Customer knows or reasonably should know is from or about children under the age of 13 or the legal age of consent in the applicable jurisdiction, or that includes health, financial information, or other categories of sensitive information (including any information defined as sensitive under Applicable Law).
- Each party will take all measures to protect the secrecy of, and to avoid disclosure and unauthorized use of another party’s Confidential Information to a third party except: (i) to employees or agents who need to know it and who have agreed in writing to confidentiality obligations at least as protective as in these Ad Terms; (ii) as required by law after using reasonable efforts to provide advance notice of such disclosure; or (iii) with the disclosing party’s consent. “Confidential Information” means information disclosed by a party to the other party under these Ad Terms or in connection with use of the Ad Service, that is marked confidential or would reasonably be considered confidential under the circumstances, and excludes information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure; (b) becomes publicly known and made generally available after disclosure other than through the receiving party’s action or inaction; or (c) is in the receiving party’s possession, without confidentiality restrictions, prior to the time of disclosure, as shown by the receiving party’s files and records. All Confidential Information will remain the disclosing party’s personal property.
- Nothing contained in these Ad Terms will prevent either party from complying with Applicable Laws.
- By Customer. Customer agrees to defend, indemnify and hold harmless MyPetsWelcome, and its officers, directors, employees, agents and affiliates, from and against all damages, liabilities, losses, costs, and expenses (including attorneys’ fees) (“Losses”) relating to any claim, action, suit or proceeding brought by a third party (“Claims”) arising out of or related to: (i) the Ad Content or Customer Properties; (ii) any actual or alleged breach by Customer or its Agent of these Ad Terms or Customer’s representations and warranties set forth herein; (iii) Customer’s or its Agent’s use of the Ad Service; (iv) breach of any Applicable Laws; and (v) Customer’s gross negligence or willful misconduct.
- By Agency. Agency will indemnify, defend and hold harmless MyPetsWelcome and its officers, directors, employees, agents and affiliates, against any Losses arising from or related to any Claim arising from or related to Agency’s breach of Section 6(b).
11. Disclaimers; Limitation of Liability.
- THE AD SERVICE, AD SERVICE PROPERTIES AND ALL RELATED INFORMATION, CONTENT AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. MyPetsWelcome does not warrant that the Ad Service, any Ad Service Properties or the information, materials or content provided therein will operate uninterrupted or error free, nor does MyPetsWelcome warrant any results obtained through the use of the Ad Service or Ad Service Properties. To the maximum extent permitted by law, MyPetsWelcome disclaims all warranties and representations (express, implied, oral or written) with respect to the Ad Service, Reporting Data, Ad Service Properties and information, materials and content therein, whether arising by operation of law, reason of custom or use in trade, course of dealing, or otherwise, including, but not limited to, any warranties of merchantability, fitness, suitability, non-infringement and condition of title.
- EXCEPT FOR (i) CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 9 ABOVE, (ii) CUSTOMER’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10 ABOVE, AND (iii) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NO PARTY WILL BE LIABLE UNDER THESE AD TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (SUCH AS INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES), AND (B) EXCEPT FOR AMOUNTS DUE AND PAYABLE BY CUSTOMER HEREUNDER, MYPETSWELCOME’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OUR RELATING TO THESE AD TERMS WILL NOT EXCEED THE AMOUNT ALREADY PAID OR PAYABLE BY CUSTOMER TO MYPETSWELCOME IN THE THREE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
- Entire Agreement. These Ad Terms, together with any additional terms that reference these Ad Terms as the controlling document, constitute the entire agreement between Customer and MyPetsWelcome with respect to the use of the Ad Service. Where Customer uses certain features or functionality of the Ad Service, such additional terms will be presented via the Ad Service and are deemed accepted by Customer through use of such features or functionality.
- MyPetsWelcome reserves the right to monitor and audit your compliance with these Ad Terms.
- Amendment. MyPetsWelcome may amend these Ad Terms at any time. The modified Ad Terms will be posted at a URL available through Customer’s Ad Service account, will not apply retroactively without your prior agreement, and will become effective 7 days after posting, except for changes made for legal reasons, which will become effective immediately. Customer’s continued use of the Ad Services after the effective date of amendments constitutes its acceptance of the Ad Terms, as amended. If Customer does not agree to the Ad Terms, as amended, Customer must stop using the Ad Services.
- Termination. Either party may terminate these Ad Terms at any time with notice to the other party, but any continued use by Customer of the Ad Service will be subject to the then-current Ad Terms posted at a URL made available through the Ad Service. Sections 2 (The Ad Service), 3 (Ad Policies), 5 (Payments; Cancellation; and Refunds), 7 (MyPetsWelcome Pixel), 8 (Data), 9 (Confidentiality), 10 (Indemnity), 11 (Disclaimers; Limitation of Liability) and 12 (General) will survive termination of these Ad Terms.
- Governing law. These Ad Terms are governed by Delaware law, without giving effect to any conflict of law principles, except as may be otherwise provided herein.
- Dispute resolution. If a dispute arises (except for payment disputes, which will be resolved as described in the Ad Service Payment Terms), Customer agrees to provide MyPetsWelcome with notice of the dispute, and to provide a fifteen (15) business day resolution period in which Customer and MyPetsWelcome may attempt to work out the dispute informally. If, after the fifteen (15) business day resolution period, Customer and MyPetsWelcome cannot work out the dispute, Customer agrees to bring any dispute or claim arising out of use of the Ad Service and these Ad Terms in binding arbitration before a single, mutually agreed upon arbitrator. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. MyPetsWelcome will reimburse all such JAMS filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Customer may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Any in-person hearing will take place in Dover, Delaware. Judgment on any award may be entered in any court having jurisdiction. As an alternative to arbitration, Customer or MyPetsWelcome may bring a claim in “small claims” court if permitted by that small claims court’s rules. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Dover, Delaware. All other claims shall be arbitrated.
- Waiver; Severability. NOTHING IN THESE AD TERMS IS INTENDED TO LIMIT A PARTY’S NON-WAIVABLE STATUTORY RIGHTS. If any provision of these Ad Terms is found invalid, illegal or unenforceable, the remainder of the Ad Terms will remain in full force and effect.
- Assignment. No party may assign any part of these Ad Terms or any right or duty hereunder without the other party’s written consent, except to an affiliate or in the event of a change of control. Any other attempt to assign is void.
- Relationship. No part of these Ad Terms creates any agency, partnership, or joint venture between the parties.