Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“Terms”) OF USE CAREFULLY BEFORE USING THIS WEBSITE (“Site”).  These Terms govern your use of this Site, content, products and other services offered by Starbright Solutions, LLC (“Starbright Solutions”). “You” refers to you as a user of the services (“Services”) offered through this Site.  These Terms may have changed since your last visit to this Site.  Using this Site indicates that you accept these Terms. If you do not agree to these Terms, please do not use this Site.

The Site may include information on pet charities, pet organizations or pet care service providers.  However, Starbright Solutions does not endorse, guarantee or have any control over the conduct, products or services of these third parties or any other users of the Services.  The Site enables you to designate your own emergency pet care service provider, and you are responsible for the pet care service provider you choose.  YOU ACKNOWLEDGE AND AGREE THAT STARBRIGHT SOLUTIONS DOES NOT PROVIDE DIRECT PET CARE SERVICES.

The dispute resolution section below of these Terms contains a mutual arbitration agreement and class action waiver that requires you and Starbright Solutions to resolve disputes with each other on an individual basis through final and binding arbitration. Please review the dispute resolution section of these Terms carefully. By entering into these Terms, you expressly acknowledge that you have read and understand all of the Terms of this agreement and have taken time to consider the consequences of this important decision.

Changes to these Terms

Starbright Solutions may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by posting the revised Terms on the Services. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.

Your Consent to Receive Calls, Text Messages, Emails and Other Communications
You expressly consent to receive and accept communications from Starbright Solutions and their respective representatives, including via e-mail, telephone calls and text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to Starbright Solutions. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, promotional, debt collection, account administration or other purposes. Standard text messaging and data charges charged by your wireless service carrier will apply to text messages or any other communication we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT OUT OF RECEIVING ANY OF THE CALLS, TEXT MESSAGES, EMAILS AND OTHER COMMUNICATIONS, STARBRIGHT SOLUTIONS MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU AND STARBRIGHT SOLUTIONS. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS, AS WELL AS BLOCKING CALLS AND MESSAGES, MAY IMPACT YOUR USE OF THE SERVICES.  YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS, CLAIMS OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOU BLOCKING OR OPTING OUT OF ANY COMMUNICATIONS FROM STARBRIGHT SOLUTIONS.

Trademarks

Starbright Solutions, LLC possesses the rights in the United States and elsewhere to its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the products and services provided, offered or sold by the Site to users. The user has no rights to use any trademarks, service marks, trade names, designs, logos and other trade dress owned by Starbright Solutions.

Copyright

The entire content of this Site, including but not limited to text, graphics, forms or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Starbright Solutions.  Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Starbright Solutions or to purchase products offered by Starbright Solutions.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this Site solely for your own non-commercial use, or to place an order with Starbright Solutions, or to purchase products offered by Starbright Solutions.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited without prior written authorization by Starbright Solutions.  You further agree not to change or delete any proprietary notices from materials downloaded from this Site.  Except as permitted by these Terms, nothing contained in the Site should be construed as granting, by implication, estoppel or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Starbright Solutions.

Refund Policy

All Services rendered by Starbright Solutions are provided on a non-refundable basis. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services. This includes, but it not limited to, membership fees, setup fees, monthly fees, and professional services fees, regardless of usage. In addition, if your account is canceled by the company for violation of this Agreement, all payments made to the Starbright Solutions become completely non-refundable. You agree not to charge back any credit card payments for services rendered. In the event that you file a charge back or other payment dispute, you will be considered to be in violation of this agreement.

Warranty Disclaimer

You use the Services at your own risk.  The Services are provided on an “AS IS” and “AS AVAILABLE” basis.  To the extent permitted by applicable law, Starbright Solutions and its officers, directors, employees, agents, licensors and suppliers disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.

Limitation of Liability

Starbright Solutions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, this Site or the performance of the products or Services.  In the event that a Starbright Solutions product or service is mistakenly listed at an incorrect price, Starbright Solutions reserves the right to refuse or cancel any orders placed for the product or service listed at the incorrect price.  Starbright Solutions reserves the right to refuse or cancel any such orders regardless if the order has been confirmed and your credit card charged. 

Use of Site

You are responsible for your use of the Services, and for any use of the Services made using your account. The intention of Starbright Solutions is to create a Site that provides a positive, useful and safe user experience.   Certain kinds of conduct that may be harmful to other users, third parties or to us by use of this Site is strictly prohibited. When you use the Site you may not:

• Violate any law or regulation or use the Services for any unintended purposes;
• Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• Provide false information in your profile on, or registration for, the Services;
• Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• Send unsolicited or unauthorized advertising or commercial communications, such as spam;
• Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
• Transmit any viruses, malicious codes or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• Stalk, harass, or harm another individual or group of individuals;
• Impersonate any person or entity, maintain more than one account (or, if Starbright Solutions suspends or terminates your account, create further accounts) or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;
• Use any means to scrape or crawl any Web pages contained in the Services;
• Use the Services to identify Pet Care Providers to complete off-line transactions that circumvent your payment obligations for the Services;
• Use the Services for purposes of competing with Starbright Solutions;
• Authorize other users to use your user status or transfer your account to any other person or entity;
• Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
• Interfere with Starbright Solutions’ provision of, or any other user’s use of, the Services;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
• Solicit another user’s username and password for the Services;
• Post reviews about pet care service providers, pet organizations or pet charities that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms;
• Use the Services to arrange for the care of exotic, non-domesticated or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services; and/or
• Advocate, encourage, or assist any third party in doing any of the foregoing.

Indemnification

You agree to indemnify, defend, and hold harmless Starbright Solutions, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Arbitration Agreement and Waiver of Certain Rights

a. Applicability.

You and Starbright Solutions agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms or your receipt of any communications from Starbright Solutions will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify, remain in such court and advance solely on an individual basis. “Disputes” or “claims” under this provision shall 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: the Terms, and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with Starbright Solutions, the threatened or actual suspension, deactivation or termination of your account with Starbright Solutions, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Starbright Solutions, any communications you receive from Starbright Solutions, any claims for fraud, defamation, emotional distress, 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 Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of Starbright Solutions, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with Starbright Solutions and any such claims and disputes may be governed by separate agreements.

 b. Arbitration Rules and Forum.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to, Starbright Solutions, P. O. Box 2264, Orange, CA 92859. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_1.pdf. AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

c. Authority of Arbitrator.

The arbitrator -- not a court -- shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Rules. The arbitration will decide the rights and liabilities, if any, of you and Starbright Solutions. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Starbright Solutions.

d. Waiver of Jury Trial.

 YOU AND STABRIGHT SOLUTIONS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Waiver of Class or Other Non-Individualized Relief.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. 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 Orange County, California for adjudication before a judge, not a jury. All other claims shall be arbitrated.

f. Survival of Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Starbright Solutions.

Miscellaneous

These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in Orange County, California. You and Starbright Solutions consent and submit to the personal jurisdiction of such courts for the purposes of any such action and waive any rights to a trial before a jury.

Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Starbright Solutions products or services) must be commenced within one (1) year after the claim or cause of action arises.  Starbright Solutions failure to insist upon or enforce strict performance of any provision of these Terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.  Starbright Solutions may assign its rights and duties under this Agreement to any party at any time without notice.

Rev. 12/23/19

 

 

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