30 DAY MONEY BACK GUARANTEE          1 YEAR WARRANTY

30 DAY MONEY BACK GUARANTEE          1 YEAR WARRANTY

PETRONICS TERMS OF USE

Last updated: April 6, 2018

These Terms of Use (“TOU”) are applicable to all mobile applications published by Petronics, Inc. (“Petronics”); Petronics’ network of websites, including the website located at Petronics.io; and all e-mail newsletters and other communications provided by Petronics, however accessed and/or used. BY ACCESSING AND USING PETRONICS CONTENT, PRODUCT INFORMATION, SPECIFICATIONS, PRICING, FAQs, COMMUNITY FORUMS AND RESOURCES, PAYMENT PROCESSING SERVICES, OFFLINE SERVICES, AND OTHER FEATURES AND SERVICES (EACH, A “SERVICE”) OR PURCHASING A MOUSR ROBOT, ACCESSORY TAIL, OR OTHER PETRONICS PRODUCT (EACH, A “PRODCUT”), YOU ARE UNCONDITIONALLY ACCEPTING THE TERMS AND CONDITIONS FOUND IN THESE TOU. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THESE TOU, PLEASE DO NOT USE ANY OF THE SERVICES OR PRODUCTS.

PLEASE NOTE: THESE TOU CONTAIN A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION TITLED “DISPUTES” BELOW). PLEASE READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. BY ACCEPTING THESE TOU, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THESE TOU (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN THE “DISPUTES” SECTION) AND ACCEPT ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TOU, YOU MAY NOT USE OR ACCESS THE SERVICES OR PRODUCTS OFFERED BY PETRONICS.

INTENDED USE FOR PRODUCTS

PETRONICS DOES NOT INTEND FOR ITS PRODUCTS TO BE USED BY CHILDREN OR OUTDOORS. PRODUCTS SHOULD BE USED IN THE PRESENCE OF AN ADULT, EVEN WHEN SET IN THE AUTOMATIC NAVIGATION MODE, AND ONLY WITH DOMESTIC HOUSE CATS (DUE TO THE BITE STRENGTH OF OTHER ANIMALS). PETRONICS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY CHILD OPERATORS, UNSUPERVISED USE, OUTDOOR USE, OR USE WITH PETS OTHER THAN DOMESTIC HOUSE CATS, INCLUDING, WITHOUT LIMITATION, DOGS OF ANY SIZE.

UPDATES

PETRONICS RESERVES THE RIGHT TO MODIFY OR AMEND THESE TOU FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF SERVICES OR PRODUCTS FOLLOWING THE POSTING OF CHANGES TO THESE TOU WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS PETRONICS PROVIDES YOU WITH SPECIFIC NOTICE, NO CHANGE TO THESE TOU WILL APPLY RETROACTIVELY.

SUPPLEMENTAL TERMS

Petronics offers a wide range of Services and Products, and sometimes additional terms that are not set forth in these TOU apply, such as an acceptable use policy associated with a specific Petronics mobile application or additional Product warranties or software licenses included in documentation provided with a Product (collectively, “Supplemental Terms”). When you use Services or Products, the applicable Supplemental Terms also apply. If the terms of these TOU are inconsistent with any Supplemental Terms, the Supplemental Terms will control.

IF YOU DO NOT ACCEPT ANY OF THE TERMS OF SUPPLEMENTAL TERMS MADE AVAILABLE WITH A SERVICE OR PRODUCT, DO NOT USE THE SERVICE OR PRODUCT. YOUR USE OF A PRODUCT THAT INCLUDES SUPPLEMENTAL TERMS MEANS THAT YOU ACCEPT THE SUPPLEMENTAL TERMS.

If the Supplemental Terms are solely set forth in documentation provided with a Product (and not concurrently posted on a Petronics website), you may return the Product as described in the Petronics returns and limited warranty policy, which is hereby incorporated into this TOU by this reference.

PRIVACY

Petronics collects information about you or your pets or associated with you or your pets (“Personal Information”) in connection with your use of Services and Products. Petronics’ privacy policy, which is hereby incorporated into this TOU by this reference, explains how your Personal Information may be used and disclosed by Petronics.

ELECTRONIC CORRESPONDENCE

When you send e-mails, text messages, and other communications from your computer or mobile device to Petronics, you consent to receive responses from Petronics electronically, such as by e-mail, text, mobile push notice, or notices and messages on a Petronics website or mobile application. You agree that all agreements, notices, disclosures, and other communications that Petronics provide to you electronically satisfy any legal requirement that such communications be in writing.

MOBILE APPLICATION PERMISSIONS

When you use a Petronics mobile application, you may grant certain permissions to Petronics to collect information generated by or about your device. Most mobile devices provide you with information about how to configure these permissions, but you can also view and configure the permissions you have granted by following these instructions:

For most Android devices:

  • Open the main Settings 
  • Select Apps or Application Manager.
  • Select an app.
  • Scroll to Permissions to see the features the app has permission to use.

For most iOS devices:

  • Open the iOS Settings 
  • Select the app to see the features the app has permission to use.

Petronics may not be able to provide the full functionality of a mobile application unless you grant it all requested permissions.

PRODUCT SPECIFICATIONS AND OTHER CONTENT

Petronics uses reasonable efforts to ensure that the information on its websites and mobile applications and included in any documentation provided with Products, including, without limitation, Product descriptions (e.g., weight, measurement, color) and user manuals, is accurate, complete, and current. However, this information is provided for your convenience only, without warranty, and may occasionally be inaccurate, incomplete, or outdated.

While Petronics strives to display as accurately as possible the colors of the Products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its Products. This may depend on the color reproduction on your computer or mobile device.

Petronics may update this information at any time and without notice.

PRODUCT PRICING

Petronics uses reasonable efforts to ensure that the Product pricing stated on its websites and mobile applications is accurate. However, despite these efforts, a small number of Products listed on a website or in a mobile application may be mispriced. If the correct price of a Product is higher than the price stated on a website or in a mobile application, Petronics will, at its discretion, either contact you for instructions before shipping the Product, or cancel your order and notify you of such cancellation. Petronics may update Product pricing at any time before it ships a Product.

PRODUCT AVAILABILITY

Petronics uses reasonable efforts to ensure that all Products listed for sale on its websites and mobile applications are available for purchase. However, despite these efforts, Petronics does not warrant that all Products are actually available for purchase at any time. Petronics may update Product availability information at any time and without notice.

PROMOTIONS

Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

ORDERS

Although Petronics confirms orders by email, your receipt of an email order confirmation does not constitute Petronics’ acceptance of an order or Petronics’s offer to sell a Product. Petronics reserves the right, without prior notice, to limit the quantity of Products ordered or to refuse service to any customer for any reason. Petronics may also condition an order on verification of information that you provide.

ACCOUNT TO PLACE ORDERS

You may need your own Petronics account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

AGE LIMIT

Petronics only sells Products to adults who can purchase them with a credit card or other permitted payment method. If you are 13 years of age or younger, you may not use any Services in any manner. If you are older than 13 years of age, but younger than the age of majority in your jurisdiction (i.e., 18 to 21 in most states), you may only use the Services with the involvement of a parent or guardian.

SHIPMENTS; RISK OF LOSS

All purchased Products are shipped pursuant to a separate shipping agreement between you and the applicable carrier (e.g., UPS, FedEx, or DHL). Accordingly, all risk of loss and title to ordered Products transfers to you upon Petronics delivery of the order to the carrier. You must resolve any claims related to Products that do not arrive directly with the carrier.

PRODUCT WARRANTY

For a Product shipped to a destination in the United States, Petronics’ returns and limited warranty policy provides a limited guaranty of the condition of the Product.

For a Product shipped to a destination outside of the United States, Petronics may honor its warranty in its sole discretion based on such factors as its ability to accept a return shipment.

Notwithstanding Petronics’s warranty, Petronics is not responsible for damage caused by a carrier. You must resolve any claims related to Products damaged in transit, as reasonably determined by Petronics, directly with the carrier.

RETURNS

Petronics’ returns and limited warranty policy addresses your limited ability to return Products for a refund.

Petronics does not take title to a returned Product until it arrives at Petronics’ return center. At Petronics discretion, Petronics may issue a refund without requiring a return. In this situation, Petronics does not take title to the applicable Product.

COMPLIANCE WITH LAWS

You are responsible for determining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) (“Applicable Laws”) regarding access and use of any website, mobile application, or Product.

PLEASE NOTE THAT ALTHOUGH YOU MAY SPECIFY A DELIVERY ADDRESS OUTSIDE OF THE UNITED STATES, ALL PRODUCTS ARE INTENDED FOR USE ONLY IN THE UNITED STATES.

You are solely responsible for determining whether a Product can be lawfully exported from the United States and imported into and used in the destination country.

Further, product manuals, instructions and safety warnings may not be in the destination country’s local language, the Products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, or labeling requirements, and the Products may not conform to the destination country’s voltage and other electrical standards (requiring use of an adapter or converter if appropriate).

PETRONICS IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO IMPORTING OR USING A PRODUCT IN A COUNTRY OTHER THAN THE UNITED STATES, INCLUDING, WITHOUT LIMITATION, SHIPMENTS DETAINED OR DESTROYED BY CUSTOMS AND/OR POSTAL AUTHORITIES, OR ANY FINES RESULTING FROM UNLAWFUL EXPORT OR IMPORT.

COPYRIGHT AND LICENSE TO USE CONTENT

Websites, mobile applications, and Product documentation, including their design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and other visual materials (collectively, “Content”), and all intellectual property rights in the foregoing, are owned or licensed by Petronics and protected by United States and international copyright laws.

Petronics authorizes you to view and download copies of this Content only for your personal, non-commercial use, subject to the following conditions: (1) you must retain, on all copies of the Content, all copyright and other proprietary notices, (2) you may not modify the Content in any way, (3) you may not use the Content for any commercial purpose without the written permission of Petronics, and (4) you must not transfer the Content to any other person unless you give them notice of, and they agree to accept, these TOU.

Petronics makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country.

TRADEMARKS

Petronics owns a number of trademarks used on websites and mobile applications or on or with Products, including but not limited to the “Petronics”, “Mousr”, and “Sprite Robotics” marks. Petronics trademarks followed by a “®” or “TM” are registered trademarks of Petronics in the United States. All others marks are trademarks or common law marks of Petronics. Failure of a mark to appear on a website, in a mobile application, or on or with a Product does not constitute a waiver of Petronics’s rights in any mark. Nothing contained on any websites or mobile applications or any sale of Products grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Petronics trademarks, trade names, service marks or logos without the written permission of Petronics. Any such request should be submitted via email to [email protected]

PATENTS

One or more patents owned by Petronics or its licensors may apply to the Products and Services and to the features and services accessible via the Products and Services. Nothing contained on any websites or mobile applications or any sale of Products grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Petronics patents without the written permission of Petronics. Any such request should be submitted via email to [email protected]

LICENSE TO USE SERVICES

Subject to your compliance with these TOU and applicable Supplemental Terms, and your payment of any applicable fees, Petronics grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU or any Supplemental Terms are reserved and retained by Petronics or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Petronics. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Petronics without express written consent. You may not use any meta tags or any other “hidden text” utilizing Petronics's name or trademarks without the express written consent of Petronics. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Petronics terminate if you do not comply with these TOU or any Supplemental Terms.

PETRONICS RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, TERMINATE YOUR RIGHTS TO USE SERVICES, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN ITS SOLE DISCRETION.

COMMUNITY CONTENT AND FEEDBACK

You may post reviews, comments, photos, videos, and other community content related to the Products (“Community Content”); and submit suggestions, ideas, comments, questions, or other information about any Petronics website, mobile application, or Product (“Feedback”), so long as the Community Content or Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Petronics reserves the right (but not the obligation) to remove or edit any Community Content.

If you post Community Content or provide Feedback, and unless Petronics indicates otherwise, you grant Petronics a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Community Content or Feedback throughout the world in any media. You grant Petronics and sublicensees the right to use the name that you submit in connection with such Community Content or Feedback, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Community Content that you post or Feedback that you provide; that the Community Content or Feedback is accurate; that use of the Community Content or Feedback you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Petronics for all claims resulting from Community Content or Feedback that you supply. Petronics has the right but not the obligation to monitor and edit or remove any activity or content.

PETRONICS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY COMMUNITY CONTENT POSTED BY YOU OR ANY THIRD PARTY.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

EXCEPT AS SET FORTH IN THE PETRONICS WARRANTY, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY PETRONICS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PETRONICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCTS OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, PETRONICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PETRONICS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, PETRONICS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PETRONICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, PETRONICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTS OR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Petronics (each a “Claim”), you and Petronics agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Petronics. Petronics’s address for such notices is set forth below in the Section titled “Address for Legal Notices”. If necessary to preserve a Claim under any applicable statute of limitations, you or Petronics may initiate arbitration while engaging in the informal negotiations.

Binding Arbitration. YOU AND PETRONICS MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN. This agreement to arbitrate, contained in this Section (the “Arbitration Agreement”), is governed by the Federal Arbitration Act and survives the termination of these TOU or your relationship with Petronics. Claims 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: these TOU and prior versions (including the breach, termination, enforcement, interpretation or validity thereof), the Petronics.io website, Petronics mobile applications, Services, Products, your relationship with Petronics, the threatened or actual suspension, deactivation or termination of your user account or these TOU, payments made by you or any payments made or allegedly owed to you, any city, county, state or federal wage-hour law, compensation, breaks and rests periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress, any promotions, offers made by Petronics, breach of any express or implied contract or 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 Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Petronics and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), 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 Claims about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.  YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND PETRONICS ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

Agreement Prohibiting Class Actions and Non-Individualized Relief.  You and Petronics agree that any arbitration will be limited to the Claim between you and Petronics individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PETRONICS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING (THIS “CLASS ACTION WAIVER”). Further, unless both you and Petronics otherwise agree, 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. Notwithstanding the foregoing, this Class Action Waiver shall not apply to Private Attorney General Act Claims brought against Petronics, which are addressed separately in the Section titled “Representative PAGA Waiver” below. 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.  Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the Claim is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

Representative PAGA Waiver. Notwithstanding any other provision of these TOU or the Arbitration Agreement, to the fullest extent allowed by law: (1) you and Petronics agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Petronics agree that any such Claim will be resolved in arbitration on an individual basis only (that is, to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, this “Representative PAGA Waiver”). Notwithstanding any other provision of these TOU, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this Representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from these TOU; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such Representative PAGA Waiver or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

Rules and Logistics Governing Arbitration. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) in effect at the time the arbitration is initiated and modified by the terms set forth in these TOU and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.  As part of the arbitration, both you and Petronics will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.  The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Petronics customers or users of Petronics’s Services and Products, but is bound by rulings in prior arbitrations involving the same Petronics customers or users of Petronics’s Services and Products to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction in accordance with the Federal Arbitration Act.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

  • If Petronics initiates arbitration under this Arbitration Agreement, Petronics will pay all AAA filing and arbitration fees. If you, however, file a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD 10,000, Petronics will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  • Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).  At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
  • Unless you and Petronics agree otherwise, any arbitration hearings between you and Petronics will take place in the county in which you received Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration.

Exceptions to Arbitration.  The following types of Claims are not required to be arbitrated under the Arbitration Agreement:

  • Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
  • Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
  • A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the Representative PAGA Waiver in the Section titled “Representative PAGA Waiver” above is deemed unenforceable by a court of competent jurisdiction; and
  • Claims that may not be subject to arbitration as a matter of law.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under these TOU. These TOU and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision and do not prevent you from receiving an award for information provided to any government agencies.

Severability. In addition to the severability provisions in the Section titled “Severability” below, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Right to Opt Out of Arbitration Agreement. You may opt out of the Arbitration Agreement by notifying Petronics in writing within 30 days from the date you first downloaded a Petronics mobile application, used a Petronics Service, purchased a Petronics Product, or these TOU were last updated. To opt out, you must send a written notification to Petronics at Petronics’s address for such notices in the Section titled “Address for Legal Notices”, that includes (a) your name, (b) your address, (c) your telephone number, (d) your email address, and (e) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

APPLICABLE LAW

By using any Products or Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these TOU and any dispute of any sort that might arise between you and Petronics. If you opt out of the Arbitration Agreement or the Arbitration Agreement does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Champaign County, Illinois. A printed version of these TOU will be admissible in judicial and administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

EXPORT AND IMPORT TAXES AND DUTIES

Products shipped to countries other than the United States may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. If you instruct Petronics to ship a Product to a country other than the United States, you authorize Petronics to designate a carrier (“Designated Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your order, and to process and remit your actual Import Fees.

ADDRESS FOR LEGAL NOTICES

Petronics

60 Hazelwood Dr.

Champaign, IL 61820

Attn: Legal

INDEMNITY

You hereby agree to defend, indemnify, and hold Petronics and its affiliates, and their respective officers, directors, employees, agents, information providers licensors and licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Products or Services, or your violation of these TOU or any Supplemental Terms. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Petronics does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Petronics is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Petronics shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate Petronics’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. Petronics makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

HOW TO REMOVE YOUR INFORMATION FROM THE COMMUNITY FORUM

If you believe that your image or work has been copied to the community forum in a way that constitutes copyright infringement, please contact us at [email protected]. You must put the statement “DMCA Takedown Notice” in the subject field. Petronics is not responsible for notices that are not labeled or sent properly, or do not have complete information.

In your email, please provide the following information:

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the website;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that this procedure is exclusively for notifying Petronics that your copyrighted material has been infringed.

TERMINATION

Petronics reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these TOU which contemplate surviving, including the provisions concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.

ADDITIONAL MOBILE APPLICATION TERMS

The following terms apply to any mobile applications and any related documentation that Petronics makes available to you.

  1. License. Subject to the terms of this TOU, Petronics grants to you a limited and nonexclusive license (without the right to sublicense) to execute one copy of an mobile application, in executable object code form only, solely on a mobile device that you own or control, and solely for use in conjunction with a Product for your personal, non-commercial purposes.
  2. Restrictions. You agree not to, and you will not permit others to (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit any mobile application; (b) copy, modify, create derivative works of, or use the mobile application for any purpose other than as permitted in Section 1; (c) use any portion of the mobile application on any mobile device or computer other than the a mobile device or computer that you own or control; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the mobile application; (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the mobile application (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Petronics and provide Petronics an opportunity to create such changes as are needed for interoperability purposes), (f) use any software except for the mobile application on or in connection with the use of a Product except to the extent required by applicable terms and conditions in connection with Open Source Software provided with mobile applications, or (g) incorporate any portion of the mobile application into other programs or compile any portion of it in combination with other programs.
  3. Reservation of Rights. All software used in any mobile application is the property of Petronics or its licensors and is protected by United States and international copyright laws.
  4. Use of Third Party Services.When you use mobile applications, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  5. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the mobile application, whether in whole or in part.
  6. Automatic Software Updates. The mobile application may cause the mobile application or any Product to automatically communicate with Petronics’ servers to deliver mobile application functionality, to document usage metrics, or to collect Personal Information. Petronics may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the mobile application and related services (“Software Updates”). These Software Updates may affect or erase data on your mobile applications and Product or change or reset settings on your mobile applications or Product. These Software Updates may be automatically installed without providing any additional notice or receiving any additional consent if you have connected your mobile application to the Internet. You consent to these automatic Software Updates. If you do not want these Software Updates, do not connect your mobile application to the Internet. You acknowledge that you may be required to install updates in order for the Product to operate properly and to access all updated features of a mobile application. If Petronics provides further notice or request further consent to an update, the notice or consent may be received or provided by any permitted user of the Product. The user receiving the notice or providing consent is responsible for notifying all other users.
  7. Government End Users.If you are a U.S. Government end user, Petronics is licensing the mobile application to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights Petronics grants you to the mobile application are the same as the rights we grant to all others under these TOU.
  8. Open Source.  Certain items of software included with the mobile application are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties.  The Open Source Software is not subject to the terms and conditions of this TOU. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software.  Nothing in this TOU limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.  If required by any license for particular Open Source Software, Petronics makes such Open Source Software, and Petronics’ modifications to that Open Source Software, available by written request to Petronics at the address listed below.

SEVERABILITY

If any provision of these TOU or any Supplemental Terms are unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

All waivers by Petronics will be effective only if in writing. Any waiver or failure by Petronics to enforce any provision of these TOU or any Supplemental Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Petronics on the Services, these TOU and any Supplemental Terms, constitute the entire agreement between you and Petronics with respect to the use of the Services, Products, and Contents.