TERMS OF USE

Last Updated: September 1, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM OR ANY OF THE SERVICES PROVIDED BY COTL, LLC (“COTL”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THE PLATFORM OR ANY OF THE SERVICES PROVIDED BY COTL.

1. GENERALLY

a. By using the Cotl website, or any related sites, applications, or application plug-ins used to provide services to you in connection with your Cotl Plan (collectively the "Platform"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these terms of use, the words "you" and "your" refer to each customer or Platform visitor, or application user, "we", "us" and "our" refer to Cotl, and "Services" refers collectively to all services provided by us. The site is made available for solely your personal use on your own behalf.

b. It is your responsibility to review these terms of use periodically. If at any time you find these terms of use unacceptable or if you do not agree to these terms of use, please do not use the Platform or create a Cotl Plan. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact support@cotl.pet.

c. YOU AGREE THAT BY USING THE PLATFORM AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, RESIDE WITHIN THE UNITED STATES OF AMERICA, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. Minors are not eligible to use the Platform, and we ask that they do not submit any personal information to us.

d. Cotl’s site, products, and services are only intended for residents of the United States. If you do not reside in the United States, please do not use the Platform or Services.

e. THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, AS DESCRIBED IN PARAGRAPH 6 BELOW.

f. Please also refer to the Cotl Privacy Policy, and, if you have created a Cotl Plan, the terms of your Pet Trust Agreement and your Engagement Letter with Booper Legal, each of which is incorporated herein by reference. These Terms of Use and the Privacy Policy, your Pet Trust Agreement, and your Engagement Letter with Booper Legal are collectively referred to as the “Plan Documents.”

g. Cotl provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents in connection with creating a Cotl Plan. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Cotl is not a law firm and may not perform services performed by an attorney. Cotl, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.

h. Your Cotl Plan involves certain trustee services provided by Booper Legal pursuant to the terms and conditions of your Engagement Letter with Booper Legal. Cotl is does not provide trustee services, and Cotl is not responsible for any trustee services related to your Cotl Plan or otherwise provided by Booper Legal to you in connection with your Cotl Plan. Please review your engagement letter with Booper Legal for the terms and conditions of its trustee services related to your Cotl Plan.

i. Cotl strives to keep its legal documents accurate, current, and up-to-date. However, because the law changes rapidly, Cotl cannot guarantee that all of the information on the Platform is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like a Cotl Plan can fit every circumstance. Furthermore, the legal information contained on the Platform is not legal advice and is not guaranteed to be correct, complete, or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

j. The Platform is not intended to create any attorney-client relationship, and your use of Cotl does not and will not create an attorney-client relationship between you and Cotl. Instead, you are and will be representing yourself in creating or joining a Cotl Plan, as an owner or caretaker or in any other capacity.

2. PRIVACY POLICY

a. Cotl respects your privacy and permits you to control the treatment of your personal information. A complete statement of Cotl's current Privacy Policy can be found by clicking here. Cotl's Privacy Policy is expressly incorporated into this Agreement by reference.

b. When you open an account to use or access certain portions of the Platform or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, username or password at any time. You agree to notify Cotl immediately of any unauthorized use of your account, username or password. Cotl shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Cotl, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

c. In connection with the use of certain Cotl products or services, you may be asked to provide personal information in a questionnaire, application, form, or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Cotl a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable Service and to disclose such personal information to third parties to facilitate the Services, as determined in our discretion. You may revoke this license and terminate rights held by Cotl at any time by removing your personal information from the applicable service.

3. OWNERSHIP

a. The Platform is owned and operated by Cotl. All right, title, and interest in and to the materials provided on the Platform, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Cotl or by our respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by Cotl, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Platform shall be construed to confer any license under any of Cotl's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Cotl does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Cotl. Any rights not expressly granted herein are reserved by Cotl.

b. Cotl hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these terms of use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on the Platform may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. PAYMENTS

a. Fees. Cotl’s standard fees for the Services are posted on the Platform. You agree to timely pay all fees or other expenses due under the Plan Documents or otherwise in connection with your use of the Platform or Services (the “Fees”), and you acknowledge that your access to and use of the Platform and Services, including any third-party services related to the Services, is conditioned upon and subject to your payment of any flat rate and any ongoing subscription payments of the applicable Fees. Cotl reserves the right to suspend or terminate your use of the Platform or Services at any time if you fail to timely pay any of the Fees.

b. Third-Party Fees. Any fees charged by third parties in connection with services ancillary to your Cotl Plan, including any trustee services provided by Booper Legal or by a bank or other financial institution in connection with the management of funds you may save as part of your Cotl Plan, are separate from any Fees charged by Cotl for your use of Cotl’s Platform and Services and governed by a separate agreement you may have with such third party.

c. Subscriptions. Some parts of the Service are billed on a subscription basis (a “Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless and until you provide Cotl with at least 30 calendar day’s prior written notice of your intent to cancel the Subscription, or as otherwise may be terminated by Cotl in accordance with the terms set forth herein. You may cancel your Subscription renewal by contacting us via email at support@cotl.pet.

d. Modification to Fees. Cotl, in its sole discretion and at any time, may modify the Fees. Any Fee change for a Subscription will become effective at the end of the then-current Billing Cycle. Cotl will provide you with a reasonable prior notice of any change in Subscription Fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription Fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.

e. Refunds. Generally, Cotl does not provide refunds of any Fees previously paid to us. Certain refund requests for Fees may be considered by Cotl on a case-by-case basis and granted in sole discretion of Cotl.

f. Payment Processing. Payment processing services in connection with the Platform and Services are facilitated by Stripe, Inc. (“Stripe”), and are subject to the Stripe Connected Account Agreement, the Stripe Services Agreement, the Stripe Consumer Terms of Service, Stripe’s Link Consumer Terms of Service, and Stripe’s Link Privacy Policy (collectively, the “Stripe Terms”). By agreeing to these terms of use of Service or continuing to use the Platform, you agree to be bound by the Stripe Terms, as the same may be modified by Stripe from time to time. As a condition of us enabling payment processing services through Stripe, you agree to provide Stripe with accurate and complete information about you, including full name, address, state, zip code, telephone number, and a valid payment method information, and you authorize us to share any required information and transaction information related to your use of the Services and the payment processing services with Stripe. By submitting such payment information, you automatically authorize Cotl to charge all Fees incurred through your use of the Platform and Services to any such payment instruments, and you hereby authorize Stripe to charge your payment method for all charges due related to the Platform and Services, including any taxes, fees, or other assessments or government charges, if applicable.

g. Chargebacks.

i. If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to Cotl in connection with the Services (a “Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Platform or Services, including any Third-Party Services related to the Services may be disabled, suspended or terminated. In the event a Chargeback is performed, your access to the Platform or Services may be blocked without the option to re-purchase or re-use it, and any data contained in any account you set up related to your Cotl Plan may be lossed. Cotl is not liable or responsible for any loss of your data or information in connection with a cancellation, suspension, or termination due to a Chargeback.

ii. At Cotl’s election, your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by Cotl and/or any Third Party Services for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

iii. If you have any questions or concerns regarding a payment made by you to Cotl, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Services from being canceled and your account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Services purchased (and charged-back) by you.

iv. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that you are responsible for such Chargeback and did in fact authorize the transaction and received or made use of the services rendered thereafter.

5. OUR SERVICES.

a. Cotl Legal Forms.

i. On our Platform, we offer self-help "fill in the blank" forms (the "Forms") that are populated based on your responses to our Cotl Plan setup questionnaire. By buying and/or downloading a form on our Platform, you understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

ii. Cotl grants you a limited, personal, non-exclusive, non-transferable license to use our Forms for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

iii. By purchasing or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Cotl.

b. Cotl Line Services. Cotl Line services are solely intended to be notification and document provision services, specifically to help notify your pet’s caretaker of a situation in which they may need to assume care for your pet, help that caretaker locate the pet, and provide that caretaker with documentation to ensure they can quickly care for your pet. Cotl does not and cannot guarantee that your use of the Cotl Line Services will ensure any of these intended outcomes, that a caretaker will actually assume care for your pet, that a pet will be connected to your caretaker within any specific period of time. It is your sole responsibility to utilize Cotl Line products, such as pet tags, wallet cards, and stickers, in a way that will make it more likely we will be notified should something happen to you. You expressly agree to defend, indemnify, and hold harmless Cotl, Booper Legal, and any third-party service provider referenced in Section 6 hereof, and any of their respective officers, directors, managers, members, affiliates, employees, contractors, agents, or other representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses related to your use of the Cotl Line products or services, and you waive and release each of the foregoing parties from any claims you or the other User Parties (as defined below) might have against the foregoing Cotl parties related to the Cotl Line services.

c. Cotl Is Not a Caretaker for Your Pets.

i. At no point is Cotl, Booper Legal, or any third-party service provider referenced in Section 6 hereof, or any of their respective officers, directors, managers, members, affiliates, employees, contractors, agents, or other representatives obligated to serve as a caretaker of the Pets, and none of the foregoing persons or entities shall or are required to take physical possession of the Pets. Trustee serves solely to facilitate certain financial reimbursements and other transactions as dictated by this Agreement. Facilitator serves solely to facilitate and offer certain services supplemental to the Trust pursuant to the Platform Terms of Service. Cotl does not and cannot guarantee the health or wellbeing of your pet whatsoever.

ii. IT IS THE PET OWNER’S SOLE RESPONSIBILITY TO CHOOSE A CARETAKER THAT WILL PROVIDE THE CONTINUED CARE AND LOVE FOR THE OWNER’S PETS THAT THE OWNER EXPECTS.

iii. IT IS A CARETAKER’S RESPONSIBILITY TO OBTAIN GUARDIANSHIP OF ANY PET(S) AFTER THE OWNER’S DEATH OR DISABILITY (AS DEFINED BELOW) AND TO PROPERLY NOTIFY COTL OF THE OWNER’S DEATH OR DISABILITY (AS DEFINED IN THE PLAN DOCUMENTS) IN ORDER TO ACCESS ANY TRUST FUNDS. NEITHER THE FACILITATOR NOR THE TRUSTEE IS RESPONSIBLE FOR SELECTING ANY CARETAKER, TRANSFERRING PETS TO ANY CARE ARRANGEMENTS, OR ENSURING A PET RECEIVES THE CARE THE OWNER EXPECTS.

iv. Neither Cotl, Booper Legal, nor any third-party service provider referenced in Section 6 hereof, nor any of their respective officers, directors, managers, members, affiliates, employees, contractors, agents, or other representatives responsible for mediating, facilitating, or resolving a dispute between any of the owner, the caretaker(s), the owner’s estate or heirs, or any other third party regarding the ownership of any pet(s) or claims to any trust funds allocated under your Plan Documents. Upon its receipt of a lawful subpoena duces tecum, Cotl and/or Booper Legal, as required, may provide the Plan Documents as part of a legal dispute in such court’s review of such applicable dispute, but neither party shall have any other obligation or responsibility in determining or supporting such dispute.

v. You expressly agree to defend, indemnify, and hold harmless Cotl, Booper Legal, and any third-party service provider referenced in Section 6 hereof, and any of their respective officers, directors, managers, members, affiliates, employees, contractors, agents, or other representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) related to a dispute regarding the ownership of any pet(s) included in your Plan Documents and/or claims to any trust funds allocated under your Plan Documents.

6. THIRD PARTY SERVICE PROVIDERS

a. Payment Provider. As further described in Section 4, payment processing services in connection with the Platform and Services are facilitated by Stripe and subject to the agrees details in Section 4.

b. Documentation. We use software provided by Knackly, LLC (“Knackly”) to facilitate your submission of certain information related to your Cotl Plan and to aggregate that information in connection with the Plan Documents. You use of the Platform and submission of information related to your Cotl Plan are subject to the Knackly Terms of Service (the “Knackly Terms”). By using the Platform and Services, you expressly acknowledge and agree that Knackly will have access to information you submit through the Platform, including your username and password and any confidential information you submit as part of our form processes. Cotl is not liable for any action or omission by Knackly in connection with the information you provide as part of the Platform or Services.

c. Other. The Platform may contain links to websites owned and/or controlled by parties other than Cotl (a “Third Party Platform”). Cotl works with a number of partners and affiliates whose sites are linked with Cotl. Cotl may also provide links to other citations or resources with whom it is not affiliated. Cotl is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, any website accessed from a Third Party Platform or any changes or updates to such sites. Cotl makes no guarantees about the content or quality of the products or services provided by such sites. Cotl is not responsible for webcasting or any other form of transmission received from any Third Party Platform. The inclusion of any link does not imply endorsement by Cotl of the Third Party Platform, nor does it imply that Cotl sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Platform and agree that Cotl is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Platform if you have any concerns regarding such links or the content located on any such Third Party Platform. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Platform or services that you visit.

7. DISPUTE RESOLUTION; BINDING ARBITRATION.

a. Generally. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND COTL TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 6(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND COTL FROM SUING IN COURT OR HAVING A JURY TRIAL.

b. NO REPRESENTATIVE ACTIONS. You and Cotl agree that any dispute or claim between us, including those arising out of or related to these terms of use, the Platform, our Services, or the Plan Documents is personal to you and Cotl and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to "Cotl," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these terms of use or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

c. Arbitration of Disputes.

i. Most concerns can be resolved quickly and to the customer's satisfaction by emailing us at support@cotl.pet. In the unlikely event that we are unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute you after attempting to do so informally), this Section applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Cotl agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these terms of use or our Services, and (b) those related to advertising, privacy, data security, and the use of our Platform, the Services, any third party services in connection with the Services, and the Plan Document. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms of Use, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against Cotl by those you list as authorized contacts on your order.

ii. For any Dispute that you have against Cotl, or that Cotl has against you, you and Cotl agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against Cotl, you will first contact Cotl by sending a written notice of your Dispute (“Claimant Notice”) to Cotl both via U.S. certified mail addressed to Cotl, LLC, Attn: Notice of Dispute, 600 King Richard Rd., Raleigh, NC 27610 and via email to notice@cotl.pet. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. For any Dispute that Cotl may have against you, we will provide you notice (“Cotl Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Cotl first send the applicable Notice so that the parties can engage in this informal dispute resolution process.

iii. If you and Cotl cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Raleigh, North Carolina. However, you may elect to hold the arbitration in your county of residence if and only if applicable law expressly entitles you to such right.

iv. You agree to use the AAA Consumer Arbitration Rules. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/rules, and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.

v. You acknowledge that the purpose of this Section 6 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance.

vi. You agree that these terms of use affect interstate commerce and that the enforceability of this Section 6 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these terms of use and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.

vii. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. You agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

viii. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/rules. If you initiate arbitration of a dispute, you agree to pay the applicable AAA Consumer Case Filing Fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.

d. OPT OUT OF ARBITRATION. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of these Terms of Use by sending, via both U.S. certified mail and e-mail, a written Notice of Opt Out to Cotl. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, Cotl, LLC, 600 King Richard Rd., Raleigh, NC 27610 and notice@cotl.pet, as applicable. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Section titled “Governing Law” below, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

e. Additional Terms. If any portion of this Section is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these terms of use; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 6 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

f. If you wish to seek public injunctive relief against Cotl, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of the Section titled “Governing Law” below.

g. You agree that the state or federal courts of the State of North Carolina and the United States sitting in Raleigh, Wake County, North Carolina have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.

8. ADDITIONAL TERMS. Some Cotl Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these terms of use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these terms of use will control.

9. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT.

a. At various locations on the Platform, Cotl may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these terms of use.

b. Cotl is not the publisher or author of the User Content. Cotl takes no responsibility and assumes no liability for any content posted by you or any third party.

c. Although we cannot make an absolute guarantee of system security, Cotl takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help at support@cotl.pet.

d. If Cotl's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Cotl reserves the right to delete those files or to stop those processes. If the Cotl technical staff suspects a username is being used by someone who is not authorized by the proper user, Cotl may temporarily disable that user's access in order to preserve system security. In all such cases, Cotl will contact the member as soon as feasible.

e. Cotl has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location, or otherwise change any User Content.

f. You are legally and ethically responsible for any User Content that you post or transmit using the Platform or any Cotl Service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

i. that is known by you to be false, inaccurate or misleading;

ii. that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;

iii. that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;

iv. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;

v. that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

vi. that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

vii. that contains any computer virus, worms, or other potentially damaging computer programs or files;

viii. that otherwise violates these Terms of Use.

g. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

h. You grant Cotl a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

i. By submitting your email address in connection with a rating, review, or other User Content, you agree that Cotl may use your email address to contact you about the status of your review and other administrative purposes.

10. NO WARRANTY

a. The Platform and all Materials, documents, or forms provided on or through your use of the Platform, including the Plan Documents, are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Cotl expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

b. Cotl makes no warranty that: (i) the Platform or the Materials will meet your requirements; (ii) the Platform or the Materials will be available on an uninterrupted, timely, secure, or error-free basis; (iii) the results that may be obtained from the use of the Platform or any materials or services offered through the Platform will be accurate or reliable; or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Platform or in reliance on the Materials will meet your expectations.

c. Obtaining any materials, documents, or services through the use of the Platform is done at your own discretion and at your own risk. Cotl shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information, or software.

d. Some states do not allow disclaimer of certain warranties, so the prior disclaimer may not apply to you.

11. LIMITATION OF LIABILITY AND INDEMNIFICATION

a. Except as prohibited by law, you agree to defend, indemnify, and hold harmless Cotl, its affiliates, licensees, and licensors, and each of their employees, contractors, officers, managers, members, directors, agents, and other representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, resulting from or arising out of (i) the use and access of the Platform by you or any person using your account and password, including any of your agents, representatives, executors, heirs, representatives, or assigns (collectively, the “User Parties”), or (ii) a breach by any User Party of these terms of use, the Knackly Terms, the Stripe Terms, or the terms and conditions of any other Third-Party Platform, or any federal, state, or local laws, statutes, rules, or regulations; (iii) the failure by a User Party to provide accurate, lawful financial or other information that such User Party is permitted or required to provide to Cotl, Booper Legal, or any third party in connection with the Platform or Services.

b. Except as prohibited by law, if there is liability found on the part of Cotl, it will be limited to the amount you have actually paid for Cotl products and/or services related to the claim giving rise to such liability during the preceding twelve (12) months, and under no circumstances will Cotl be liable for any consequential, incidental, or punitive damages, even if we have been advised of the possibility of such damages in advance.

c. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

12. UNSOLICITED SUBMISSIONS.

a. Except as may be required in connection with your use of Cotl Services, Cotl does not want you to submit confidential or proprietary information to us through the Platform. All comments, feedback, information, or material submitted to Cotl through or in association with the Platform (other than personal information you submit in connection with establishing your Plan Documents) shall be considered non-confidential and Cotl's property. By providing such submissions to Cotl you hereby assign to Cotl, at no charge, all worldwide right, title, and interest in and to the submissions and any intellectual property rights associated therewith. Cotl shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

b. When accessing the Platform or using Cotl's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services. Cotl reserves the right to terminate or delete such material from its servers. Cotl will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these terms of use or of any applicable laws.

13. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

a. When accessing Cotl or using the Cotl legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Platform is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Cotl user account.

b. Cotl has adopted a policy that provides for the immediate removal of any content, article, information or materials that have infringed on the rights of Cotl or of a third party or that violate intellectual property rights generally. Cotl's policy is to remove such infringing content or materials and investigate such allegations immediately.

c. Copyright Infringement

i. Notice. Cotl has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Platform or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Platform or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (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 copyrighted 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 of 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 the service provider to locate the material; (4) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent via physical mail to Cotl, LLC, Attn: General Counsel, 600 King Richard Rd., Raleigh, NC 27610, and via email to notice@cotl.pet.

ii. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the applicable federal court, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.

14. COMPLIANCE WITH EXPORT RESTRICTIONS. You may not access, download, use or export the Platform or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15. NON-ENGLISH-SPEAKING CUSTOMERS. Certain materials on the Cotl site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these terms of use, as well as other terms, conditions, and policies, are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

16. CUSTOMERS NEEDING EXTRA ASSISTANCE. Cotl aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Cotl website, or otherwise have difficulties using the Cotl website, please call (919) 200-0082 and our customer care team will assist you.

17. GOVERNING LAW; VENUE. Any dispute arising from these terms of use and your use of the Services or the Platform will be governed by and construed and enforced in accordance with the laws of North Carolina, without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of North Carolina and the United States, respectively, sitting in Raleigh, Wake County, North Carolina. You consent to personal and exclusive jurisdiction in these courts.

19. TRADEMARKS. Cotl, Cotl, LLC, the single-line, three-animal outline, and all other images and text, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Cotl. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

20. USE OF TESTIMONIALS AND MEDIA ENDORSEMENTS. The media hosts on the Platform endorse Cotl as paid spokespeople in our advertising campaigns.

21. INQUIRIES. BY USING COTL'S SERVICES OR ACCESSING THE COTL PLATFORM, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER AND/OR EMAIL TO COTL VIA THE COTL PLATFORM OR VIA ANY OTHER MEANS CONSTITUTES AN INQUIRY TO COTL, AND THAT COTL MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

22. RIGHT TO REFUSE. You acknowledge that Cotl reserves the right to refuse service to anyone and to cancel user access to the Platform or Services at any time.

23. ACKNOWLEDGEMENT. BY USING COTL'S SERVICES OR ACCESSING THE COTL PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.