Your access to and use of this software, including any updates or support you may receive from us (collectively “Turbovets”), is governed by the terms and conditions of this agreement between you and Turbovets, Inc. As used in this agreement, “you” refers to you as an individual as well as other individuals you allow to access or use Turbovets on your computer systems, and any legal entity you control, work for, or represent when you access or use Turbovets. The terms “us” and “we” refer to Turbovets, Inc.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By selecting “I Accept” or otherwise installing and using Turbovets, you accept these terms and conditions. If you do not accept them, do not select “I Accept” and you may not make any use of Turbovets.

Turbovets is licensed to you on a subscription basis for installation, access, and permitted use by you for your internal business purposes on equipment you own, or control (your “System”). Your permitted use of Turbovets is subject to the limits of the subscription you selected when ordering or downloading Turbovets in terms of the duration of your subscription (the “Term”). If you comply with all the terms and conditions of this agreement, then you may install and use Turbovets on your System in a manner permitted under this agreement.

You may not share a license you acquire with a third party, nor may you install, access, or use Turbovets on equipment that you do not own or control, unless expressly authorized by Turbovets. If you violate the terms and conditions of this agreement, Turbovets reserves the right to terminate your license upon notice before the end of the Term. At the time of any termination of this agreement, your license to use Turbovets terminates, and all copies must be removed from your System.

(a) Subscription License; Support. If you acquire a Subscription License of Turbovets, you will receive access to the product with full functionality, during the Term of the subscription you ordered. You will also be entitled during the Term to limited customer support in the English language made available through our website including support forums, product documentation, tutorials, community pages, and product updates if and when available. If your license to the Subscription License expires and is not renewed, your right to use the service and access to customer support will be terminated.

Turbovets is licensed, not sold. Turbovets is protected by copyright and other intellectual property laws and treaties. This agreement only gives you limited rights to use Turbovets. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use Turbovets only as expressly permitted in this agreement. In
doing so, you must comply with technical limitations in Turbovets that only allow you to use it in certain ways. You may not:

Information collected in relation to your use of Turbovets will be handled in accordance with Turbovets’ privacy policy. Please refer to our privacy policy, available at https://www.turbovets.com/privacy, prior to agreeing to these terms for a more detailed explanation of how your information is collected, stored and used by us and any third-party service providers.

If you give feedback about Turbovets to us, you give to us, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires us to license our software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

We will use commercially reasonable efforts during our normal business hours to provide or make available limited customer support services to you upon request related to Turbovets during the Term if you have a subscription license. Any supplemental software code, updates or materials provided to you as part of customer service for Turbovets will be considered part of Turbovets and subject to the terms and conditions of this agreement.

Turbovets and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation,” as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of Turbovets by the U.S. Government shall be solely in accordance with the terms of this agreement.

Turbovets is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to Turbovets. These laws include restrictions on destinations, end users and end use. You agree not to export Turbovets to any prohibited country, entity, or person for which an export license or other governmental approval is required.

TURBOVETS IS LICENSED “AS-IS.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND WE MAKE NO WARRANTIES THAT: (I) OUR PRODUCTS, SERVICES, AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS; (II) OUR PRODUCTS, SERVICES, AND/OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PRODUCTS, SERVICES, AND/OR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS AND/OR SERVICES PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS, SERVICES, AND/OR WEBSITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE PRODUCTS, SERVICES, AND/OR WEBSITE WILL BE CORRECTED.

TURBOVETS IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

WE DO NOT WARRANT IN ANY WAY THIRD-PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, “INTEGRATIONS” OR ANY “ADD-ONS” YOU MAY DEVELOP YOURSELF OR OBTAIN FROM ANY THIRD PARTIES THROUGH OUR WEBSITE OR ELSEWHERE. YOU ASSUME ALL RISKS IN USING THIRD-PARTY PRODUCTS OR SERVICES WITH TURBOVETS.

OUR LIABILITY UNDER THIS AGREEMENT IS LIMITED. YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR TURBOVETS. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS RELATED TO TURBOVETS, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT ALSO APPLIES EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

(a) Definitions. As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the use of Turbovets or any of our products or services (collectively the “Services”). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

(b) Informal Efforts to Resolve Dispute. If a dispute arises between you and us, you should first attempt to resolve it by contacting us with notice and the details of your complaint, including your contact information for a response, and send it to the mail or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

(c) Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION.

UNDER THIS AGREEMENT, ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING AN OPT- OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

(d) Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the American Arbitration Association (“AAA”) which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, and you qualify as a consumer under the AAA rules, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

(e) Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if you are a resident of the United States. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA in Maricopa County, Arizona, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in Maricopa County, Arizona, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

(f) Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA in Maricopa County, Arizona.
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The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of Arizona (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (for example, the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

(g) Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

(h) Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

(i) Turbovets Notice Address:

Turbovets, Inc 5665 Dallas Pkwy Suite 200
Frisco, TX 75034

Arizona state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Without limiting the parties’ rights and obligations under the Arbitration Provision of this agreement, you agree that any lawsuit filed to resolve any Claim you have with us arising out of or relating to this agreement will be brought exclusively in a state or federal court located in or for Maricopa County, Arizona and you agree to submit to the personal jurisdiction of such courts for the purpose of such Claims.

This Agreement as well as any ordering documents prepared or signed by Turbovets specifying the Term of the subscription and applicable limitations (such as the maximum number of daily Actions) constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This agreement may not be amended, supplemented or otherwise modified except by a written agreement executed by an authorized representative of both parties. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.

You acknowledge that through your access to and use of the Platform, you may receive or have access to confidential, proprietary, or non-public information belonging to Turbovets, including, but not limited to, trade secrets, technical data, software, algorithms, business strategies, product and service roadmaps and ideas, product and service features, and other sensitive information (“Confidential Information”). You agree to (a) maintain the confidentiality of all Confidential Information; (b) not disclose Confidential Information to any third party without the prior written consent of Turbovets and (c) not use the Confidential Information for any purpose other than as expressly permitted under this Agreement. You further agree that you will not use the Platform, directly or indirectly, to gather, copy, or derive ideas, features, functions, concepts, or designs for the benefit of yourself or any third party, or for the development, enhancement, or operation of any competing product or service. Your confidentiality obligations will survive the termination or expiration of this Agreement.

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