Terms and Conditions
Last updated: March 18, 2026
Welcome to GoKitty.com
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms,” “Terms of Use,” or “Agreement”) CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVER OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
ACCEPTANCE OF TERMS
The Terms of Service Agreement is made between GoKitty, LLC, an Arizona limited liability company (“GoKitty,” “we,” “us,” or “our”) operator of GoKitty.com and all other services available (“Services”) and you (“User”, “you”, or “your”) who may access and use the Services thereon only under the following terms and conditions. GoKitty and User are each referred to herein as a “Party” and together as “Parties.”
By creating an account, posting a listing, purchasing a subscription, or otherwise using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not access or use the Website or Services.
The Services are intended for use only by individuals located within the United States. By accessing or using the Website or Services, you represent and warrant that you are located within the United States.
The GoKitty.com Privacy Policy is incorporated into these Terms of Service by reference. By accessing or using the Website or Services, you acknowledge that you have read and understand the Privacy Policy and agree to the collection, use, and sharing of your information as described in the Privacy Policy, which is available at https://gokitty.com/page/privacy-policy.
In the event of any conflict between the Privacy Policy and these Terms of Service, these Terms of Service will control.
I. USE OF SERVICES
1.1 The Terms of Service Agreement is made between GoKitty, LLC, an Arizona limited liability company (“GoKitty”, “we”, “us”, or “our”) operator of GoKitty.com and all other services available (“Services”) and you (“User”, “you”, or “your”) who may access and use the Services thereon only under the following terms and conditions. GoKitty and User are each referred to herein as a “Party” and together as “Parties.” These Terms outline your rights and explain the rights you give us by using our services. These terms contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration. Your use of our services, information, materials, and services are subject to these Terms of Use whether you are an individual, purchaser or seller (“Customer”). By using our services, you acknowledge that you understand and agree to be bound by these Terms. If you do not understand or agree to be bound by these Terms, do not use our services.
1.2 GoKitty currently provides users with kitten locating resources (the "Service"). GoKitty is a classified advertisement service that allows sellers to post ads for cats for sale and allows sellers to post in the seller directory with a classification (e.g.; breeder, cattery, rescue, shelter, cat lover) of their choosing. GoKitty allows buyers (cat seekers) to post ads for cats wanted. These ads are also occasionally referred to as listings and profiles.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for GoKitty to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GoKitty properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that GoKitty assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
GoKitty provides an online platform that allows users to create and view classified listings. GoKitty is not a breeder, seller, buyer, broker, or agent in any transaction between users. GoKitty does not participate in, supervise, or control any transaction between users and is not responsible for the actions or conduct of any user.
1.3 GOKITTY IS A CLASSIFIED ADVERTISING PLATFORM
GoKitty provides an online classified advertising platform that allows users to post listings related to cats, including listings by breeders, rescues, shelters, and individuals. GoKitty is not a party to any transaction between users.
GoKitty does not buy, sell, breed, inspect, transport, or guarantee any animals listed on the website. GoKitty does not verify the identity, licensing status, qualifications, reputation, or legitimacy of any user, breeder, seller, or buyer.
All transactions are conducted solely between users. Buyers are responsible for independently verifying the accuracy of listings and the legitimacy of sellers before making any purchase or entering into any agreement.
GoKitty is not responsible for disputes between users, including disputes involving payment, delivery, health of animals, or misrepresentation.
GoKitty does not process payments, handle delivery, or act as an intermediary in transactions between users.
1.4 ANIMAL HEALTH AND WELFARE DISCLAIMER
GoKitty does not inspect, certify, or guarantee the health, condition, pedigree, or welfare of any animal listed on the website. Any information regarding an animal’s health, vaccinations, breeding status, or pedigree is provided solely by the seller.
Buyers are solely responsible for verifying the health and condition of any animal prior to purchase, including obtaining veterinary examinations where appropriate.
1.5 You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
1.6 Residency and Age. The Services are intended to be accessed and utilized by Users who have attained the age of majority in their respective country, state or province. By accessing and using the Services, User hereby represents, warrants and affirms that they are either at least 18 years of age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the GoKitty LLC (“GoKitty”) and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
II. DISCLAIMER
GoKitty does not systematically verify or in any way warrant the accuracy of Membership Data, including licensing status, phone number, or identity. It is your responsibility to verify Membership Data prior to making any purchase.
GoKitty does not verify or inspect the quality of any user or seller (e.g.; buyer, breeder, cattery, rescue, shelter or cat lover) or the quality of the animals listed through the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
III. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO GOKITTY DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
IV. RIGHT TO CHANGE TERMS AND CONDITIONS
4.1 We may update these Terms from time to time. We will provide notice of material changes by updating the “Last Updated” date and/or notifying users through the Site or by email. Your continued use of the Services will confirm your acceptance of the revised TOS. We encourage you to frequently review the TOS to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended TOS, you must stop using the Services and close your GoKitty.com account. The section titles in the TOS are for convenience only and have no legal or contractual effect.
V. FEES AND COSTS
5.1 Registration and Subscription Fees. Certain features of the Services are free, while other features require a paid subscription.
Seller subscriptions currently range from $9.99 to $19.99 per month (plus applicable taxes). Buyer upgrade starting at $5.99 (plus applicable taxes). Pricing and available plans will be displayed at the time of purchase.
By purchasing a subscription, you authorize GoKitty to charge the applicable subscription fee to your selected payment method on a recurring monthly basis until the subscription is canceled.
Subscriptions are billed on a recurring monthly billing cycle beginning on the date of purchase.
Features and functionality of the Service may change from time to time at GoKitty’s discretion.
5.2 No Refunds. All fees paid to GoKitty are non-refundable except where required by applicable law. Subscriptions may be canceled any time either through the user's account within the 'upgrade' tab (https://gokitty.com/seller/upgrade_profile) or, if paid with PayPal, through the user's PayPal account using paypal's instructions to cancel. Considering subscriptions, it is your responsibility to cancel when you are no longer needing the service. Cancelations must be made at least one (1) day prior to the subscription renewal date. Canceling your subscription on the renewal date may result in an unwanted renewal charge for the next month. Removing your listings or marking your listings as sold will NOT automatically cancel your subscription.
5.3 Payment Disputes and Chargebacks
If you believe that you have been billed in error, you must notify GoKitty at support@gokitty.com within thirty (30) days of the charge. Users agree to contact GoKitty to attempt to resolve any billing dispute before initiating a chargeback or payment dispute with a bank or payment provider.
Initiating a chargeback or payment dispute without first contacting GoKitty to resolve the issue may result in suspension or termination of the user's account.
You agree that GoKitty may provide relevant account and transaction information to payment processors, financial institutions, or dispute resolution providers in order to respond to any chargeback or payment dispute.
5.4 No Guarantee of Results
GoKitty provides a platform that allows users to post listings and connect with other users. GoKitty does not guarantee that users will successfully buy, sell, adopt, or locate any animal through the Service.
GoKitty makes no guarantee regarding the number of inquiries, messages, responses, or successful transactions that may result from use of the Service. Failure to achieve a desired result, including the sale or purchase of an animal, does not entitle the user to a refund or credit.
VI. ACCESSING THE WEBSITE, MEMBER ACCOUNT, PASSWORD AND SECURITY
6.1 You will receive a password and account designation upon completing the Service's membership process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GoKitty of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GoKitty cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.1 or from any action taken under Section XII of these Terms.
6.2 Member Conduct. You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GoKitty.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GoKitty.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GoKitty.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
6.3 USER VERIFICATION AND FRAUD PREVENTION
Users should exercise caution when interacting with other users of the Website. GoKitty does not verify the identity, background, licensing status, or trustworthiness of users, breeders, sellers, or buyers.
GoKitty does not guarantee the accuracy of listings or the legitimacy of any transaction conducted between users. Users are solely responsible for conducting their own due diligence before entering into any transaction or agreement with another user.
6.4 Transaction Safety Warning
Users should exercise caution when engaging in transactions with other users. GoKitty recommends that buyers avoid sending deposits or payments before verifying the identity of the seller and the existence of the animal. GoKitty is not responsible for losses resulting from payments or deposits sent to other users.
VII. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
7.1 Ownership of Content
GoKitty does not claim ownership of any content that you submit, post, upload, or otherwise make available through the Website or Services (“User Contributions”). You retain ownership of your User Contributions.
7.2 License to Use User Contributions
By posting or submitting User Contributions to the Website, you grant GoKitty a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, display, distribute, and promote such User Contributions in connection with operating, improving, and promoting the Website and Services.
This license allows GoKitty to display listings and related content on the Website and to distribute or promote such content through search engines, partner websites, advertising networks, data feeds, and social media platforms.
7.3 User Representations
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license described above to GoKitty and its licensees, successors, and assigns.
• All of your User Contributions comply with these Terms of Use.
• Any listing, advertisement, or information you submit to the Website is accurate and truthful and that you have the legal right to sell, adopt out, or otherwise transfer any animal described in a listing.
7.4 Responsibility for Content
You are solely responsible for your User Contributions and any consequences arising from posting or publishing them.
7.5 No Liability for User Content
GoKitty does not control, endorse, or guarantee the accuracy, integrity, or quality of User Contributions posted by users. GoKitty is not responsible or liable for any User Contributions posted by users of the Website.
7.6 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
7.7 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
VIII. TRADEMARKS
8.1 The GoKitty name, GoKitty.com, the GoKitty logo and all related names, logos, product and service names, designs, and slogans are trademarks of GoKitty, LLC or its licensors. You must not use such marks without the prior written permission of GoKitty, LLC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
IX. INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2 These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
● If we provide social media sharing features that allow users to share listings or content through third-party platforms (such as Facebook, Instagram, X/Twitter, or similar services), you may take those actions as enabled by such features.
● You also grant GoKitty the right to display, promote, and distribute listings and related content through search engines, partner websites, advertising networks, and social media platforms for the purpose of promoting listings and the GoKitty service.
You must not:
● Modify copies of any materials from this site.
● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
9.3 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
X. SERVICE LIMITATIONS AND MODIFICATIONS
10.1 GoKitty reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GoKitty shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10.2 You understand and acknowledge that GoKitty may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GoKitty.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GoKitty.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GoKitty.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GoKitty reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
XI. MONITORING AND ENFORCEMENT; TERMINATION
11.1 We have the right to:
● Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
● Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
GoKitty reserves the right, in its sole discretion, to suspend, restrict, or terminate any account at any time, for any reason or for no reason, with or without notice.
GoKitty reserves the right, in its sole discretion, to suspend or terminate any account that it believes is engaged in fraud, misrepresentation, unlawful activity, animal abuse, or conduct harmful to other users or to the reputation of the Website or Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS MEMBERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
11.2 However, We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
XII. RELIANCE ON INFORMATION POSTED
12.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
12.2 This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
XIII. LINKS FROM THE WEBSITE
13.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XIV. GEOGRAPHIC RESTRICTIONS
14.1 The owner of the Website is based in the State of Arizona in the United States. The Website and Services are intended only for users located within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
XV. GOKITTY.COM'S PROPRIETARY RIGHTS
15.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GoKitty.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15.2 GoKitty grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GoKitty.com for use in accessing the Service.
XVI. INDEMNIFICATION
16.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
XVII. GOVERNING LAW AND JURISDICTION
17.1 All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule or any other jurisdiction.
Except for disputes that must be resolved through arbitration as provided in Section XIX, any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona.
XVIII. GENERAL PROVISIONS
18.1 ENTIRE AGREEMENT; MODIFICATION Other than as stated in this section or as explicitly agreed upon in writing between you and GoKitty.com, these Terms constitute all the terms and conditions agreed upon between you and GoKitty.com and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. We may change or modify these Terms at any time and in our sole discretion without notice. If we make changes to these Terms, we will post the updated version with a last updated date above. Your continued use of the Service will confirm your acceptance of these revised Terms.
18.2 SEVERABILITY. If any provision of these Terms (or part of any provision) is deemed invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed severable from these Terms and it shall not affect the validity and enforceability of any remaining provisions.
18.3 APPLICABLE LAW; JURISDICTION/VENUE
Except for disputes that must be resolved through arbitration as provided in Section XIX, you and GoKitty agree to the jurisdiction of the state or federal courts located in Maricopa County, Arizona.
18.4 Survival
Any provisions of these Terms which by their nature should survive termination of a user's account or access to the Services shall survive such termination. This includes, but is not limited to, provisions relating to limitations of liability, indemnification, dispute resolution, arbitration, intellectual property rights, and governing law.
XIX. DISPUTE RESOLUTION
GoKitty endeavors to resolve customer concerns as quickly as possible. Please contact support@gokitty.com.
You agree that any feedback, suggestions, ideas, documents, reviews, or other information or materials regarding GoKitty.com or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of GoKitty. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
In the unlikely event that you’re not satisfied with customer service’s solution, and you and GoKitty are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court instead of courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this arbitration provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys’ fees from us to the same extent as you would in court.
ARBITRATION AGREEMENT; WAIVER OF CLASS ACTION; WAIVER OF TRIAL BY JURY
Please read the following paragraphs carefully because they require you to arbitrate disputes with GoKitty and limit the manner in which you can seek/obtain relief from GoKitty
(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, GoKitty and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily injury;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Agreement.
References to “GoKitty.com,” “you,” “we” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into this Agreement, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of this Agreement.
(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (“Notice”). A Notice from you to GoKitty.com must be emailed to legal@gokitty.com (“Notice Address”).
Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Sites, including whether you have created an account with or receive any newsletters associated with any of the Sites; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.
After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and GoKitty.com have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
(3) Arbitration Procedure: The arbitration will be governed by applicable rules of National Arbitration & Mediation (“NAM”) (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) (“NAM Rules”)), as modified by this Arbitration Agreement, and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. §5.) The NAM Rules are available online at www.namadr.com, by calling NAM at 1-800-358-2550, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM.
You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in this Section and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).
All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the Arbitration Agreement or whether a dispute can or must be brought in arbitration (including whether a dispute is subject to this Arbitration Agreement or a previous arbitration provision between you and GoKitty.com), which are for a court of competent jurisdiction to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers.
Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place virtually and you and a GoKitty.com representative will be required to participate. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and GoKitty.com and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and GoKitty.com agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(4) Arbitration Fees: The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees.
(5) Confidentiality: Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
(6) Requirement of Individualized Relief: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations between you and GoKitty.com will be subject to this Section and not to any prior arbitration agreement you had with GoKitty.com, and, notwithstanding any provision in this Agreement to the contrary, you agree that this Section XIX amends any prior arbitration agreement you had with GoKitty.com, including with respect to claims that arose before this or any prior arbitration agreement.
XX. ACCEPTABLE USE POLICY
Customer shall comply with GoKitty’s acceptable use policy (“AUP”) posted below, as such policy may change from time to time. Customer is on notice that its users are required to comply with the AUP. Neither this Agreement nor the AUP requires that GoKitty take any action against any customer or user violating the AUP, but GoKitty is free to take any such action it sees fit.
A. Unacceptable Use
GoKitty requires that all customers and other users of GoKitty’s services conduct themselves with respect for others. In particular, observe the following rules in your use of the Service:
Do not:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a GoKitty.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
n. You understand and acknowledge that GoKitty does not pre-screen Content, but that GoKitty and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, GoKitty and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GoKitty.com or submitted to GoKitty.com, including without limitation information in GoKitty.com.
o. You understand and acknowledge and agree that GoKitty may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GoKitty.com, its users and the public.
p. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
q. list, sell, offer for adoption, or otherwise transfer any animal in violation of applicable local, state, federal, or international laws or regulations, including animal welfare, breeding, licensing, or transport laws. Users are solely responsible for ensuring that any listing involving an animal complies with all applicable laws and humane treatment standards.
B. Consequences of Violation
Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. GoKitty reserves the right to take any other remedial action it sees fit. However, GoKitty is not required to take any action against any customer or user violating the AUP.
C. Reporting Unacceptable Use
GoKitty requests that anyone with information about a violation of this AUP report it via e-mail to the following address: support@gokitty.com. Please provide the date and time (with time zone) of the violation and any identifying information about the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.
D. Revision of AUP
GoKitty may change this AUP at any time by posting a new version of this page and sending the user written notice thereof. The new version will become effective on the date of such notice.
XXI. COPYRIGHT AND COPYRIGHT AGENT|DMCA
GoKitty.com respects the rights of all copyright holders and in this regard, GoKitty.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GoKitty.com’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that the use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement in the notification that the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. In the appropriate circumstances, we will terminate the accounts of subscribers/users who are repeat copyright infringers.