FLUFFY 2.0 TERMS AND CONDITIONS OF SPECIMEN STORAGE
The signee of the Specimen Storage Enrollment Card (the “CLIENT”), on behalf of themselves and their pet (the “Pet”), engage FLUFFY 2.0, LLC, and its successors and assigns (“FLUFFY”) to store the Pet’s SPECIMEN (defined below) on the following terms and conditions (the “T&C”). The T&C is effective when FLUFFY receives the SPECIMEN and the signed Enrollment Card (the “Enrollment Date”).1. Products and Services of FLUFFY. FLUFFY provides to CLIENT a collection kit for the collection of biological samples (the “SPECIMEN”) from the Pet. FLUFFY stores the SPECIMEN collected and delivered by CLIENT. FLUFFY stores the SPECIMEN in a secure, private, climate controlled storage unit (a “Unit”) until the earlier of (i) CLIENT gives written notice to FLUFFY to return the SPECIMEN and prepays the delivery fee if applicable (a “Delivery Request”) or (ii) the termination of this T&C. The SPECIMEN will initially be stored in Atlanta, Georgia and FLUFFY reserves the right to relocate the SPECIMEN at their sole discretion. This product and the services, and all materials and information in this product are provided "as is" and without warranties of any kind, whether express or implied.2. CLIENT Responsibilities. CLIENT must complete and sign the Enrollment Card and collect and deliver the SPECIMEN to FLUFFY.3. Term of T&C. This T&C will continue until the date one year after the Enrollment Date and will automatically renew for successive one year periods unless terminated pursuant to Section 11.4. Fees for Storage. The first year of storage is included free with the price initially paid by CLIENT. CLIENT shall pay FLUFFY a fee for each subsequent year at the rate of $20.00 per year, per SPECIMEN (the “Annual Storage Fee”). The Annual Storage Fee cannot be changed unless CLIENT receives prior written notice. If the Annual Storage Fee is not paid within 60 days of the due date, this T&C is terminated and FLUFFY shall have the right to dispose of the SPECIMEN as they see fit.5. Representations and Warranties of CLIENT. CLIENT represents and warrants that (a) CLIENT has had the opportunity to consult CLIENT’s own medical and legal counsel to review this T&C and CLIENT has carefully read and understands all of the provisions of this T&C; (b) and CLIENT understands the risks and uncertainties related to collection, preservation and possible future use of the SPECIMEN, (c) FLUFFY has made no warranties or representations about the efficacy, price and availability of cloning services at anytime in the future, (d) FLUFFY has made clear that it will not provide any service now or in the future related to cloning or the use of the SPECIMEN, and (e) CLIENT acknowledges that the SPECIMEN may not now or ever be utilizable.6. Rights to SPECIMEN. If this T&C is terminated and CLIENT has not completed a Delivery Request for retrieval of the SPECIMEN within 60 days, CLIENT relinquishes all rights in and to the SPECIMEN and waives all claims to the SPECIMEN, and FLUFFY shall have the right, to utilize, transfer or dispose of the SPECIMEN.7. Disclaimers. Neither FLUFFY nor any of its officers, directors, members, shareholders, executives, employees, agents or consultants have made any representations, guarantees, warranties or assurances, express or implied, to CLIENT regarding the success of the collection, transportation, preservation, storage or use of the SPECIMEN. CLIENT acknowledges the following express disclaimers and releases FLUFFY and the persons named from the same: (a) FLUFFY expressly disclaims any warranty or guaranty that the SPECIMEN will ever be of medical or other value, (b) FLUFFY expressly disclaims any warranty or guaranty that CLIENT will be able to collect a SPECIMEN, or that there will be sufficient volume of SPECIMEN for storage or subsequent use, (c) FLUFFY expressly disclaims any liability for any deterioration, loss or destruction of the SPECIMEN prior to receipt by FLUFFY or for damage to, or destruction or loss of, the SPECIMEN by the courier selected by FLUFFY to return the SPECIMEN, FLUFFY is not liable, (d) FLUFFY does not perform any medical or veterinary services, give any medical or veterinary advice, or otherwise perform any functions other than those expressly indicated; FLUFFY expressly disclaims any responsibility to provide any other services.8. Limitation of Liability. CLIENT AGREES THAT FLUFFY’S LIABILITY FOR ANY LOSS, HARM, DAMAGE OR CLAIM OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED BY FLUFFY SHALL BE LIMITED TO THE RETURN OF AN AMOUNT EQUAL TO ALL FEES PAID BY CLIENT TO FLUFFY. CLIENT AGREES THAT IN NO EVENT SHALL FLUFFY BE LIABLE TO CLIENT OR ANY PARTY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY KIND, AND CLIENT EXPRESSLY WAIVES ANY RIGHTS TO ANY SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW.9. Force Majeure. CLIENT AGREES THAT FLUFFY SHALL NOT BE LIABLE FOR ANY LOSS, DETERIORATION OR DESTRUCTION OF ALL OR ANY PART OF THE SPECIMEN RESULTING FROM CAUSES OR CIRCUMSTANCES BEYOND FLUFFY’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO FIRE, FLOOD, EXPLOSIONS OR POWER OUTAGES, NATURAL DISASTERS, TERRORIST ACTS OR ACTS OF WAR.10. Indemnification. CLIENT agrees to at all times and for all purposes be bound by this T&C. CLIENT indemnifies, defends and holds FLUFFY and their respective agents, employees, officers, directors, shareholders and affiliates (collectively, the “Indemnitees”) harmless from any and all claims, liabilities, demands and causes of action asserted against Indemnitees (collectively, “Claims”) by any person or entity.11. Termination of T&C. This T&C may be terminated (a) by FLUFFY if CLIENT does not pay any fee within 60 days of its due date, (b) by either party upon 60 days prior written notice to the other party. If this T&C is terminated, CLIENT shall have 60 days to make a Delivery Request. All fees paid by CLIENT to FLUFFY shall be non-refundable. Sixty days after termination of this T&C, CLIENT waives all claims, and agrees that FLUFFY has no further liability to CLIENT or with regard to the SPECIMEN.12. Arbitration. All disputes arising out of or relating to this T&C that persist after good faith negotiation will be resolved by arbitration by sending a written demand for arbitration to the American Arbitration Association (“AAA”) and to the other party. The arbitration will take place in Atlanta, Georgia. All decisions of the arbitrator(s) are final, binding, and conclusive. Judgment may be entered upon the arbitrator’s final decision in any court having jurisdiction thereof.13. Governing Law, Jurisdiction; Fees. This T&C is governed by Georgia law. Subject to the compulsory arbitration provisions of Section 12, any judicial proceedings brought against either FLUFFY or CLIENT under this T&C shall be brought in a court in Fulton County, Georgia. FLUFFY and CLIENT consent to the exclusive jurisdiction of the aforesaid courts. The prevailing party in any such proceeding will be entitled to its attorney’s fees, costs and expenses incurred.14. Future Laws. The government may in the future change or adopt new laws and regulations affecting or restricting FLUFFY’s services. FLUFFY is unilaterally entitled to modify or terminate this T&C to the extent required by law without any liability or recourse to CLIENT.15. Confidentiality. FLUFFY acknowledges the confidential nature of the information provided by CLIENT and agrees to use its reasonable best efforts to maintain the confidentiality of the information except as required by law or as permitted by this T&C.16. Notice. Any notice shall be sufficiently given if delivered in person or sent by express mail or by registered or certified mail, postage prepaid. Notice to FLUFFY must be delivered to FLUFFY 2.0, LLC, at the address listed on their website at http://fluffy2.com/index.php/contact-us/ . Notice to CLIENT will be delivered to the address set forth on the Enrollment Form. CLIENT agrees to promptly notify FLUFFY in writing of any change in mailing address.17. Miscellaneous. This T&C constitutes the entire agreement between FLUFFY and CLIENT and supersedes any prior agreements or understandings, oral and written. All provisions which by their terms require performance after the termination of this T&C will survive the termination of this T&C. If any part of this T&C is found to be invalid or unenforceable, such provision is deemed modified to the extent necessary to make it enforceable, and this T&C shall otherwise remain in full force and effect. No failure to insist upon or enforce strict performance of any provision of these T&C shall be construed as a waiver of any provision or right. Fluffy may assign its rights and duties under this T&C to any party at any time without notice to you.