HOLLYWOOD FEED UNIVERSITY TERMS AND CONDITIONS

Last Updated: April 6, 2023

  1. INTRODUCTION. By clicking “sign in,” “create account,” visiting, or otherwise using our website, https://hfu.hollywoodfeed.com, you agree to and accept these Hollywood Feed University Terms and Conditions (“Terms” or “Agreement”). Certain products and services available or offered through https://hfu.hollywoodfeed.com may have additional terms that apply. Additionally, any purchases or use of any products offered or sold through www.hollywoodfeed.com are governed by www.hollywoodfeed.com’s Terms of Use, which are different from these Terms, and can be found at https://www.hollywoodfeed.com/content/termsofuse/. If these Terms are inconsistent with terms applicable to a certain product or service, those other terms will control.These Terms govern your attendance, participation in, or use of any trainings, presentations, other events (collectively, “Events”), or live or prerecorded content (collectively, “Content”) owned, curated, facilitated, coordinated, presented or sponsored by Hollywood Feed, LLC, Hollywood Feed University ( “HFU” or “Hollywood Feed”), made available by Hollywood Feed, whether through https://hfu.hollywoodfeed.com (the “HFU Website”) (Events, Content, and the HFU Website, collectively, the “HFU Platform” or “Platform”), or, as applicable, through https://www.hollywoodfeed.com, any mobile or other application, via any link or other website, or in-person at Events. Hollywood Feed is willing to provide you with the Content only on the condition that you accept and agree to all of the terms and conditions stated in these Terms as well as with respect to all Content, including, but not limited to, the Hollywood Feed Terms of Use (https://www.hollywoodfeed.com/content/termsofuse/), and the terms of the Hollywood Feed Privacy Policy (https://www.hollywoodfeed.com/content/privacypolicy/) applied to the Hollywood Feed Platform, each of which is incorporated into these Terms by this reference. BY USING THE HOLLYWOOD FEED PLATFORM (as defined herein) OR ATTENDING AN EVENT (as defined herein) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) THESE TERMS, DO NOT USE THE HOLLYWOOD FEED PLATFORM OR THE CONTENT, AND DO NOT ATTEND EVENTS.All references herein to Hollywood Feed or “we,” “us” or “our” mean Hollywood Feed, LLC, its officers, directors, employees, managers, owners, agents and other representatives, and expressly including its successors and assigns, including but not limited to those that operate the Hollywood Feed Platform and organize Events. All references herein to “User” or “you” refer to any person viewing or using the Content or otherwise participating in Events who is not a presenter (“Presenter”). The right to view or use the Content, or to attend Events, is personal to you and is not transferable to any other person or entity without the express written permission of Hollywood Feed.Please review our Privacy Policy, which also governs your use of the HFU Website, and our Terms of Sale, which governs all purchases from Hollywood Feed (online and in-store). Both are incorporated by reference herein.
  2. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, UNDER WHICH YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
  3. HOLLYWOOD FEED PLATFORM. The Platform enables Hollywood Feed to provide Content to Users, enables Users to view Content and enables Users to sign up for in-person trainings, presentations and other events (“Events”) organized by Hollywood Feed, Presenters or other third parties (each individually, an “Event Organizer”). The Platform includes certain features and functionalities to facilitate coordination by Hollywood Feed and third parties (including, but not limited to, Presenters) of Events, which features may include, without limitation, class listings, search functions, Presenter biographies, User reviews, payment processing mechanisms, maps and other features, at the sole discretion of Hollywood Feed.Participation and Availability: There is a number of ways to view or use Content or participate in Events. These options consist of different classes, services and features and may be subject to additional and differing conditions, policies and limitations. We reserve the right to modify, terminate or otherwise amend the Content or scheduled Events at any time in our discretion. Hollywood Feed makes no commitment on the quantity, availability, type or frequency at which the Content and/or Events will be available and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.Registration: To use the Platform and Content, or to attend Events, a User may be required to register for an Account (defined below). Follow the steps in Section 4 to register, as applicable.
  4. USER ACCOUNT SETUP. To register for a Hollywood Feed University account (“Account”) through the HFU Website, you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) and follow all on-screen instructions to create a user name, and submit your name, email address, telephone number, zip code and any other information requested by Hollywood Feed. You must submit your information directly to the Hollywood Feed Platform, unless we notify you that other enrollment and log-in options have become available (i.e., enrollment and log-in via social media platforms). Hollywood Feed reserves the right to refuse to permit you to create an Account at its sole discretion, with or without cause. By submitting your information, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the HFU Platform does not violate any applicable law or regulation or the terms of this Agreement.If you provide any false, inaccurate, untrue or incomplete information when you set up your Account, we may immediately terminate your access to and use of the Content and/or Events. You are solely responsible for all activities that occur under your Account. It is your responsibility to keep the confidentiality of any username and password associated with your Account. If you become aware of any unauthorized use of your Account, you must notify Hollywood Feed immediately by writing to bark@hollywoodfeed.com. Hollywood Feed will not be liable for any loss or damage arising from the unauthorized access to or use of your Account. Upon termination of these Terms for any reason, Hollywood Feed reserves the right to disable and/or delete your Account and to prohibit you from setting up subsequent Accounts in the future.
  5. PERMISSIBLE USES. Subject to the terms of this Agreement, Hollywood Feed grants you a limited, non-transferable, non-exclusive license to access and make personal use of the HFU Platform. Hollywood Feed may terminate this license at any time for any reason.The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the HFU Platform without the express written consent of Hollywood Feed; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the HFU Platform; (c) you shall not access the HFU Platform in order to build a similar or competitive service, or to download, copy or collect Content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the HFU Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Hollywood Feed’s express written consent; (e) you shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information or content (including images and text descriptions) of the HFU Platform without Hollywood Feed’s express written consent; (f) you shall not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data; (g) you shall not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (h) you shall not harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (i) you shall not interfere with or disrupt servers or networks connected to the HFU Platform or violate the regulations, policies or procedures of such networks; (j) you shall not attempt to gain unauthorized access to the HFU Platform, other computer systems or networks connected to or used together with the HFU Platform, through password mining or other means; and (k) you shall not harass or interfere with another user’s use and enjoyment of the HFU Platform.
  6. THIRD-PARTY SITES AND OTHER USERS. The HFU Platform may contain links to, or advertisements for, third-party websites (collectively, “Third-Party Sites”). Third-Party Sites are not under the control of Hollywood Feed and Hollywood Feed is not responsible for any Third-Party Sites. Hollywood Feed provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Sites. You agree that you use all Third-Party Sites at your own risk. When you follow or click a link to a Third-Party Site, the applicable service provider’s terms and policies govern, including privacy and data- gathering practices. You hereby release Hollywood Feed, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from any and all claims, demands, losses, damages, rights, claims and actions of any kind, including personal injuries, death and property damage, that are directly or indirectly related to or arise out of any interactions with, or the conduct of, other Third-Party Site users or Third-Party Sites.
  7. OWNERSHIP; PROPRIETARY RIGHTS. The Hollywood Feed Platform and all Content are owned and operated by Hollywood Feed. Except for intellectual property owned by third parties and used under license or other permission, the content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software) or any music, images, video, text, services and all other material or elements of or available through the Hollywood Feed Platform (“Materials”) are protected by the copyright, trade dress, patent and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Hollywood Feed Platform are the copyrighted property of Hollywood Feed or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks and trade names are proprietary to Hollywood Feed or its affiliates and/or third-party licensors, whether registered or unregistered, and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Hollywood Feed, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials and may only access the Materials for your own personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile device, you do not obtain any ownership interest in such Materials. All rights not expressly granted in these Terms are reserved.You represent, warrant and agree that you are using the Hollywood Feed Platform for your own personal, noncommercial, educational use, and not for redistribution or transfer of any kind. You agree (1) not to redistribute, broadcast, publicly perform or publicly display any Content or Materials, or otherwise transfer any Content or Materials obtained through the Hollywood Feed Platform; and (2) you will comply with all applicable laws in your use of the Content and Materials.In all circumstances, you understand and acknowledge that your rights with respect to Content and Materials will be limited by copyright law. Subject to the other provisions of this Section 7, all owners and providers of Content and Materials expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content or Materials, including but not limited to any sound recordings or musical compositions. The owners of the Content and Materials are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.
  8. RESPECT FOR COPYRIGHT LAW. Hollywood Feed respects the intellectual property of others and requires that users of our HFU Platform do the same. Except as authorized above, you are not permitted access to or use of any of Hollywood Feed’s intellectual property without our prior written consent or, with respect to products or third-party Materials displayed on the HFU Platform, the consent of such third party that may own any intellectual property. In connection with our HFU Platform, products and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our HFU Platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our HFU Platform, the following information in the form of a written notification (pursuant to 17 U. S. C. § 512(c)) must be provided to our designated copyright agent:1. your physical or electronic signature;
    1. your physical or electronic signature;
    2. identification of the copyrighted work(s) that you claim to have been infringed;
    3. identification of the material on our services that you claim is infringing and that you request us to remove;
    4. sufficient information to permit us to locate such material;
    5. your address, telephone number and e-mail address;
    6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
    Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement. You may submit your counter notification to Hollywood Feed’s copyright agent by mail or email as set forth below: By regular mail to: ATTN: Copyright Agent – LEGAL NOTICE Hollywood Feed, LLC 1341 Warford Street Memphis, TN 38108 By email to: legalnotice@hollywoodfeed.com Subject Line: “Attn: Copyright Agent – LEGAL NOTICE”
  9. LICENSE AND RELEASE. You, on behalf of yourself and your heirs, executors, administrators and assigns, hereby irrevocably grant to Hollywood Feed a non-exclusive right and license to Use (as hereinafter defined) the Work (as hereinafter defined) throughout the universe in perpetuity (the “License”). The “Work” includes the audiovisual work and material consisting of one or more of the following made available to Hollywood Feed by you during or near the time of any Event and/or in conjunction with any Event: text, video images, still images and sound, your recorded image (both still and moving), your likeness, the sound of your voice, your pet’s image, your pet’s likeness and the sound of your pet’s vocalizations, together with all intellectual property associated therewith or embodied therein, all without any additional consideration or payment whatsoever.You acknowledge that you have the authority to grant the License with respect to all parts or aspects of the Work which you own. “Use” means the right to use, distribute, publicly display, alter, distort, copy, reproduce, exhibit, disseminate and publish the Work, in whole or in part, alone or with other materials, via any means or medium whatsoever, whether now existing or later created, throughout the universe, including, without limitation, via the internet, radio, television, cable or print media, and in any other setting, public or private, whether for educational, marketing and/or advertising purposes or any purpose whatsoever. You, on behalf of yourself and your heirs, executors, administrators and assigns, hereby irrevocably agree: (1) to defend, hold harmless and indemnify Hollywood Feed from and against all claims and expenses whatsoever (including attorneys’ fees and related disbursements) incurred as a result of or arising from Hollywood Feed’s Use of the Work; (2) that Hollywood Feed has no obligation to use the Work; (3) that no further approval is required for Hollywood Feed to Use the Work; (4) that no further consideration will be due to you for Hollywood Feed’s use of the Work; (5) that Hollywood Feed will not be liable to you for any distortion or illusionary effect resulting from its Use of the Work or any part of the Work; (6) that all results and proceeds derived from Hollywood Feed’s Use of the Work are the sole and absolute property of Hollywood Feed in perpetuity; and (7) an electronic signature or other electronic acceptance (e.g., a checked box), or email acknowledgment used to sign or acknowledge this agreement shall have the same force and effect as a written signature.
  10. 10. USER CONTENT. “User Content” means any and all information and content (including but not limited to statements, images and feedback) that a User submits to Hollywood Feed by any means, including through social media, through interactive features on the HFU Website, or to us via telephone, email, mail, social media platforms or other communications. “User Content” includes but is not limited to the “Work.” By submitting User Content, you agree that we may edit, copy, modify, delete, edit, publish, distribute, translate and otherwise use User Content in whole or in part, including in advertising and marketing in any media currently known or later developed. You agree that any User Content you submit will not be deemed confidential or proprietary. We have no obligation (1) to maintain any User Content in confidence; (2) to provide any compensation for any comments; or (3) to respond to any User Content.You agree that you will not submit any User Content that (a) violates any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right; (b) that is unlawful, harassing, abusive, threatening, harmful, defamatory, intentionally misleading, libelous, obscene, patently offensive or otherwise objectionable material of any kind or nature, or that is harmful to minors in any way, or contains any computer virus or other malware that could in any way affect the operation of the HFU Website; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead as to the origin of any User Content.Each User is solely responsible for any and all of its User Content. We reserve the right, but have no obligation, to monitor, edit or remove content that we determine in our sole discretion violates these Terms. Because we do not control User Content, you acknowledge and agree that we are not responsible, and assume no liability, for any User Content, and we make no guarantees regarding the accuracy, currency, suitability or quality of any User Content. Your interactions with other HFU Platform Users are solely between you and such User. You agree that Hollywood Feed will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any HFU Platform User, we are under no obligation to become involved or take any action. We reserve the right, but are not obligated, to review any User Content, investigate and/or take appropriate action against you, at our sole discretion, if you violate this Agreement, including removing or modifying your User Content, terminating your Account, and reporting you to law enforcement authorities. Further, we may access and disclose any information we consider necessary or appropriate to cooperate with legitimate government requests, subpoenas or court orders, or to protect our business.
  11. LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE. Hollywood Feed is committed to making high-quality pet products and services available for you and your pets. We offer information, articles and advice to you through the HFU Platform for educational purposes only. Any information offered through the HFU Platform is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health-related advice concerning the care and treatment of your pet, please contact your veterinarian or local animal hospital. Accordingly, User acknowledges and agrees that User is using the HFU Platform at User’s own risk. WE EXPRESSLY DISCLAIM ANY AND ALL LIABLITY IN CONNECTION WITH THE FOREGOING.
  12. RELEASE OF LIABILITY AND HOLD HARMLESS. To the extent permitted under applicable laws, you expressly absolve and release Hollywood Feed and its affiliates, officers, directors, employees, agents, volunteers and other representatives from any liability or claim of harm related to or resulting from (a) any incorrect or inaccurate information about or contained on the Hollywood Feed Platform, whether caused by our error, a third party’s error, or by any of the equipment or programming associated with or utilized in the Hollywood Feed Platform; (b) any injury, loss or damages caused by any Presenter, any other User, or in connection with the Hollywood Feed Platform, whether online or offline; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Hollywood Feed Platform; (d) severe weather, earthquakes or other natural disasters, strikes or other labor problems, or wars; or (e) governmental or regulatory restrictions or actions, including any restrictions or actions that may cause modification or cancellation of an Event.IN NO EVENT SHALL HOLLYWOOD FEED, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH HOLLYWOOD FEED, YOUR USE OF THE HOLLYWOOD FEED PLATFORM, PRODUCTS, SERVICES, OR THIRD-PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, HOLLYWOOD FEED IS NOT RESPONSIBLE OR LIABLE FOR ANY NEGATIVE RESULTS OR DAMAGE CAUSED BY ANY USER’S USE OF CONTENT OR PARTICIPATION IN OR ATTENDANCE AT ANY EVENT, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS, OR ANY OTHER PROBLEM WITH ANY EVENT ORGANIZER OR OTHER PARTICIPANT IN ANY EVENT ORGANIZED THROUGH OR IN CONNECTION WITH THE HOLLYWOOD FEED PLATFORM. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH HOLLYWOOD FEED OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID HOLLYWOOD FEED IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM.
  13. CHANGES TO THESE TERMS. Hollywood Feed reserves the right to update, change, or replace any part of these Terms at any time with or without advance notice to you. When changes are made, Hollywood Feed will post the revisions to the appropriate section of the Hollywood Feed Platform. Revised Terms are effective immediately when posted to the Hollywood Feed Platform, unless otherwise stated. It is your responsibility to review the Hollywood Feed Platform periodically to learn of any revisions to these Terms. Your continued use of or access to the HFU Website following the posting of any changes constitutes acceptance of those changes. Any new features or tools that are added to the HFU Website shall also be subject to these Terms.
  14. DISCLAIMER OF WARRANTIES. The Hollywood Feed Platform is provided on an “AS IS” and “AS AVAILABLE” basis. Although Hollywood Feed intends for the information and data contained in and throughout the Hollywood Feed Platform to be accurate and reliable, the information and data might include errors or other inaccuracies. You expressly agree that your use of the Hollywood Feed Platform and any information contained therein is at your sole risk. NEITHER HOLLYWOOD FEED NOR ANY THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE HOLLYWOOD FEED PLATFORM AND ALL INFORATION CONTAINED THEREIN, OR OF THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE HOLLYWOOD FEED PLATFORM. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THE HOLLYWOOD FEED PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. To the extent permitted by applicable law, HOLLYWOOD FEED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties; if so, such disclaimers may not apply to you.
  15. INDEMNITY. You agree to indemnify and hold Hollywood Feed, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your violation of this Agreement, or any violation or alleged violation of any law, rule, regulation or rights of us or a third party.
  16. TERMS AND TERMINATION. These Terms shall remain in effect through the later of: (a) for as long as you use the Hollywood Feed Platform; (b) until the Hollywood Feed Platform is no longer in operation; or (c) the final, unappealable disposition or resolution of any dispute or action brought by you against us in connection with the Hollywood Feed Platform. Hollywood Feed may temporarily or permanently stop providing the Hollywood Feed Platform or any part thereof, or terminate these Terms, at any time if (i) you have breached any provision of these Terms; (ii) Hollywood Feed is required to do so by law; (iii) Hollywood Feed believes, in its sole discretion, that you have committed fraud with respect to your access to and use of the Hollywood Feed Platform or violated any of the terms contained herein; (iv) the provision of the Hollywood Feed Platform to you or others by Hollywood Feed is, in Hollywood Feed’s sole opinion, no longer commercially viable; or (v) Hollywood Feed is no longer providing the Hollywood Feed Platform in the jurisdiction in which you reside or from which you use the Hollywood Feed Platform. Termination is effective without notice. Hollywood Feed may disable access to your Account or otherwise prevent you from accessing the Hollywood Feed Platform without any liability whatsoever. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, warranty disclaimers, limitations of liability, and dispute resolution.
  17. DISPUTE RESOLUTION. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Platform or Website, any products or services sold or made available through the Platform (including the Content and the Materials), communications between you and Hollywood Feed (including telephone calls, text messages or other communications even if made via third party), any aspect of your relationship with Hollywood Feed, or these Terms (including the enforceability of this arbitration agreement) (collectively “Disputes”), shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims or requests for relief shall be arbitrated either by telephone, online or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If a Dispute arises under these Terms, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at bark@hollywoodfeed.com AND TO legalnotice@hollywoodfeed.com. You and Hollywood Feed will each bear our own costs and attorneys’ fees in the event of a dispute; provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or Hollywood Feed in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Tennessee: (i) any dispute, controversy or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.YOU EXPRESSLY AGREE TO REFRAIN FROM BRINGING OR JOINING ANY CLAIMS IN ANY REPRESENTATIVE OR CLASS-WIDE CAPACITY, INCLUDING BUT NOT LIMITED TO BRINGING OR JOINING ANY CLAIMS IN ANY CLASS ACTION OR ANY CLASS-WIDE ARBITRATION (“CLASS ACTION WAIVER”).* * * CLASS ACTION WAIVER: YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION CLAIMS AGAINST HOLLYWOOD FEED. * * * If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in Tennessee.YOU SHALL HAVE THIRTY (30) DAYS FROM THE DATE YOU SET UP YOUR ACCOUNT TO OPT OUT OF THE CLASS ACTION WAIVER DESCRIBED ABOVE. TO OPT OUT OF THE CLASS ACTION WAIVER, YOU MUST CONTACT US AT LEGALNOTICE@HOLLYWOODFEED.COM. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THE CLASS ACTION WAIVER.
  18. 18. ELECTRONIC COMMUNICATIONS. When you use the Hollywood Feed Platform, or send emails, or other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  19. MISCELLANEOUS. These Terms, including the Terms of Sale, and the Privacy Policy incorporated herein, constitute the entire agreement of the parties with respect to your use of the Hollywood Feed Platform. These Terms shall be construed in harmony with the Terms of Use to the extent possible; but in the event of a discrepancy between these Terms and the Terms of Use, these Terms shall prevail. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms, and the remaining portions of these Terms shall continue in full force and effect. You agree that these Terms and all agreements and notices incorporated herein may be automatically assigned by Hollywood Feed, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.
  20. CONTACT US. If you have questions about our Terms and Conditions, contact us by:
    • Email: bark@hollywoodfeed. com
    • Regular Mail: Hollywood Feed, LLC, 1341 Warford Street, Memphis, TN 38108, Attn: Privacy Officer – LEGAL NOTICE
    • Phone: 901-425-0849, 8am-5pm Central Standard Time