OUTRIDER PET TERMS OF SERVICE
Last Updated: October 2, 2024
1. Your Acceptance
Welcome to the Terms of Service for Outrider Pet. This is an agreement (“Agreement”) between Outrider Strategies, Inc. (“Outrider Pet”), the owner and operator of the www.outriderpet.com website and any other Outrider Pet branded sites and communications along with any services offered (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.
Please be aware that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.
Throughout this Agreement, the words “Outrider Pet,” “us,” “we,” and “our,” refer to our company, Outrider Strategies, Inc. as is appropriate in the context of the use of the words.By clicking “I agree,” submitting your information for a quote, or accessing the Site you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so.
2. Information Submission
Users may be required to register or submit information to access portions of the Site. Your information will be collected and disclosed in accordance with our Privacy Policy. All information you provide for and in connection with the Site must be true, correct, and not misleading. Your choice to purchase any insurance products or policies offered by third parties or act upon any Outrider Pet Content (defined below) is solely yours. You understand that any information, representation, or warranty you make in conjunction with receiving a quote for insurance is relied upon and subject to applicable insurance fraud laws or regulations. Outrider Pet will not be liable for any losses you incur as a result of incorrect, erroneous, or untruthful information submission.
3. Ownership
The Site and any related services provided are owned and operated by Outrider Pet including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software and all other content or any description available on the Site or available via a link from Site to a page created by Outrider Pet on another website (collectively, the “Outrider Pet Content”). The Outrider Pet Content is the sole property of Outrider Pet and/or its licensors. All Outrider Pet Content is protected by United States and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. Any information found on the Site or any products is for general informational and educational purposes only and is not an endorsement of any kind. Do not take any actions or refrain from taking actions based on any information found on the Site. Use of the Outrider Pet Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Outrider Pet is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Outrider Pet Content.
4. Information Found on the Site
ALL OUTRIDER PET CONTENT FOUND ON THE SERVICES IS FOR GENERAL, INFORMATIONAL, AND EDUCATIONAL PURPOSES ONLY. NOTHING FOUND ON THIS SITE IS TO BE DEEMED LEGAL ADVICE, PROFESSIONAL, MEDICAL, OR INSURANCE ADVICE. ALL DECISIONS THAT YOU MAKE CONCERNING ANY INSURER OR INSURANCE POLICY ARE AT YOUR OWN RISK. Outrider Pet makes reasonable efforts to maintain price, availability of coverage and information as accurately as possible, however, prices, terms, conditions or exclusions are subject to change without notice, and not all insurance products may be available in all locations, states, jurisdictions, provinces, territories, or risk profiles. Outrider Pet does not endorse or warrant any written, digital, or other content Outrider Pet Content including but not limited to any written materials, quotes, coverage comparisons, manuals, documentation, reports, or other information encountered. You must not rely on the information on this Site as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on any Outrider Pet Content. Any information you access on this website does not constitute a recommendation, advice, or complete description of any products, plans or services found on the Site. Coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific policy. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy. .All Outrider Pet Content is offered “as-is” and without warranty of any kind. Please be aware that Outrider Pet Content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any Outrider Pet Content and you agree to release us from any liability related to your use of any Outrider Pet Content. You solely are responsible for evaluating such Outrider Pet Content and we are not responsible for any errors or omissions with the data or content.
5. Third Party Content
Outrider Pet does not endorse or warrant any Third Party Content including but not limited to any materials, plans, plan information, insurance coverage quotes, information, information provided by an insurance company, or other data provided by another user or third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Services or otherwise. OUTRIDER PET DOES NOT GUARANTEE OR ENDORSE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITES OR OTHER INFORMATION PROVIDED OR DISPLAYED ON THE SITES INCLUDING, WITHOUT LIMITATION, ANY PRICE QUOTES. . WE ARE NOT OBLIGATED, UNDER ANY CIRCUMSTANCES, TO INVESTIGATE OR VERIFY ANY THIRD PARTY CONTENT INCLUDING BUT NOT LIMITED TO QUOTES, PRICING, DESCRIPTIONS, STATEMENTS, OR REPRESENTATIONS MADE BY INSURERS OR OTHER THIRD PARTIES FROM WHICH WE OBTAIN INFORMATION. THIRD PARTY CONTENT INCLUDING PRICE INFORMATION AND INSURANCE COVERAGE ARE SUBJECT TO CHANGE AND WE ARE NOT LIABLE FOR ANY CHANGES IN PRICE. No Third Party Content or Outrider Pet Content is considered a solicitation to do business or an endorsement of Outrider Pet. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Services to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Outrider Pet assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.
The Site may contain links to third party websites that are not owned or controlled by Outrider Pet. Outrider Pet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Outrider Pet will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly release Outrider Pet from any and all liability arising from your use of any third-party website.
6. Insurance Policies and Coverages
ALTHOUGH YOU ARE ABLE TO OBTAIN INFORMATION ABOUT INSURANCE QUOTES, INSURANCE, AND INSURANCE COVERAGE ON THE SITE, WE DO NOT SELL INSURANCE OR INSURANCE POLICIES, AND WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY INSURER OR INSURANCE COMPANY. WE DO NOT HAVE CONTROL OVER THE QUALITY OR SUITABILITY OF ANY INSURANCE PRODUCTS OR POLICIES. PLEASE BE AWARE THAT WE MAY HAVE AGREEMENTS WITH INSURERS THAT ENTITLE US TO A REFERRAL FEE OR REFERRAL COMMISSION FROM INSURANCE PROVIDERS AND OTHER VENDORS UNDER CERTAIN CIRCUMSTANCES.
Outrider Pet is a California licensed property and casualty insurance agency that provides information to users regarding available insurance policies. This Site is not a solicitation to sell insurance in any jurisdiction in which we are not licensed and some policies may not be available in your geographic location. We may provide you information that aids you in purchasing insurance but any information provided by Outrider Pet is not a guarantee of coverage which may be subject to additional terms and exclusions at the discretion of the insurance company issuing a quote or policy. Outrider Pet is not the insurer, insurance company, or insurance underwriter and it does not issue or manage policies, process or manage claims, or resolve any claim disputes. You are solely responsible for resolving any issues related to an insurance policy with the insurer that sold you the policy and not us. Any issues arising from an insurance policy purchased by you must be solely resolved with the insurance company that has issued your policy. Insurance companies decide whether or not to offer, renew, cancel or not to renew insurance coverage or otherwise provide you with the requested insurance products. All decisions regarding any insurance products, including but not limited to, approval for coverage, premium, commission, fees, or issuing company will be made solely by the insurance company underwriting the insurance. Any insurance product purchased is governed by the applicable policy issued by the insurer including any terms, conditions, and exclusions. Please see a copy of your policy for the full terms and conditions. Policy obligations are the sole responsibility of the issuing insurance company. Outrider Pet is not responsible or liable for any resulting loss based on your purchase of any policies.
7. Privacy
Please read Outrider Pet’s Privacy Policy for more information regarding our collection and use of your information. The Outrider Pet Privacy Policy is integrated into this Agreement by reference and you must agree to all provisions of our Privacy Policy before using our Site or purchasing any products. You may not be required to create a user account when you use our Site; however, we may collect information from you when you decide to order any products via the Site.
8. Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, intellectual property, legal, or other reasons.
9. Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
· You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
· You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
· You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
· You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
· You agree not to use the Site to stalk, harass, bully or harm another individual;
· You agree that you will not hold Outrider Pet responsible for your use of the Site;
· You agree not to violate any requirements, procedures, policies or regulations of networks connected to Outrider Pet;
· You agree not to use the Site for commercial purposes such as reselling or to build a competing product;
· You agree to not violate any US federal laws, state laws, or local laws while using the Site; and
· You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Outrider Pet reserves the right to suspend or terminate your access at any time without notice or explanation.
10. Intellectual Property
The name “Outrider Pet,” the design of the Outrider Pet Site along with Outrider Pet created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to Outrider Pet. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Outrider Pet reserves all rights to the Marks not expressly granted.
11. User Content
A user’s ability to submit or transmit any information through the Site, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Outrider Pet does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When you submit any User Content to us, you grant Outrider Pet, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to third parties as needed.
12. Representations and Warranties
USE OF THIS SITE INCLUDING ANY SERVICES PROVIDED, THE OUTRIDER PET CONTENT, AND ANY ASSOCIATED PRODUCTS PURCHASED ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE SITE, ANY SERVICES, AND ASSOCIATED PRODUCTS SOLD ON THE SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
B. OUTRIDER PET DOES NOT WARRANT THAT THE SITE, ANY SERVICES OFFERED, OR ANY ASSOCIATED PRODUCTS PURCHASED WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (4) SUITABLE FOR YOUR NEEDS, OR THAT THE INSURANCE COMPANIES PROVIDING THE PRODUCTS WILL BE SOLVENT,OR (5) BE ACCURATE, FUNCTIONAL, CORRECT, APPLICABLE, OR RELIABLE.
13. Limitation of Liability
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES, and employees) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES, THE SERVICES, OR ANY Outrider Pet CONTENT, third party content OR USER CONTENT, resulting directly or indirectly from your use of the Site, OUR services, any PRODUCTS encountered, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Outrider Pet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liabIlity to you will not exceed the total amount you have spent on your purchases via the site OR one hundred us Dollars ($100 USD), WHICHEVER IS GREATER. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Outrider Pet’s negligence or that of any of its officers, directors, agents, affiliates, or employees; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
14. Release
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY (INCLUDING liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death), RELATING TO ANY OUTRIDER PET CONTENT, OUR SERVICES, ANY PRODUCTS PURCHASED THROUGH YOUR INTERACTIONS WITH THE SITE, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED OR ANY CLAIM YOU HAVE AGAINST US. YOU UNDERSTAND THAT SOME POLICIES MAY NOT HAVE RELEVANT COVERAGE OR MAY BE SUBJECT TO CONDITIONS OR EXCLUSION WHICH MAY RESULT IN FINANCIAL LOSSES, DAMAGE, OR OUT OF POCKET EXPENSES. YOU AGREE THAT YOU HAVE voluntarily chosen to PURCHASE SUCH INSURANCE PRODUCTS AND AGREE THAT YOU ARE SOLELY RESPONSIBLE, knowing the risks involved.
15. Indemnity
You agree to defend, indemnify, and hold harmless Outrider Pet, its officers, directors, agents, affiliates, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
· Your use of any insurance policies or products purchased through links found on the Site;
· Your violation of any term of this Agreement; and
· Your use of the Outrider Pet Site.
This defense and indemnification obligation will survive the termination or expiration of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
16. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
17. Forum
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Outrider Pet or the Site arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Los Angeles, CA; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Outrider Pet ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear using written briefs, electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Outrider Pet shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. This arbitration agreement does not apply to any intellectual property infringement claims or any claims that require injunctive relief all such claims shall be heard in a court of competent jurisdiction located within Los Angeles County, CA.
18. Arbitration Opt Out
You may opt-out of this dispute resolution provision by notifying Outrider Pet within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Outrider Strategies, Inc., 2108 N St. STE N, Sacramento, CA 95816 , United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Outrider Pet through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, CA
19. Class Action Waiver
You and Outrider Pet agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, or any other event beyond our control.
21. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Outrider Pet are deemed to conflict with each other’s operation, you agree that Outrider Pet shall have the sole right to elect which provision remains in force.
22. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Survival
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licensing, ownership provisions, warranty disclaimers, indemnity, class action, arbitration, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.
24. Termination
We may terminate your access to the Site if we determine that: (1) you have violated any applicable laws while using our Site; (2) If you have violated this Agreement or any other of our Site policies; or (3) if we believe that any of your actions may harm the Outrider Pet Site, our business interests, or any third party, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
25. Age
All users who access the Site must be eighteen (18) years of age or older. In order to purchase anything from the Site you must be eighteen (18) years of age or older.
26. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
27. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
28. Electronic Communications
The communications between you and Outrider Pet use electronic means, whether you visit the Site or send Outrider Pet e-mails, or whether Outrider Pet posts notices on the Site or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from Outrider Pet in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Outrider Pet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
29. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Outrider Pet must be sent to Outrider Strategies, Inc., 2108 N St. STE N, Sacramento, CA 95816 , or via email: sean@outriderpet.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.