This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the Registration to accept this agreement, you represent that you have the full legal authority to enter this agreement on behalf of the party identified in the Registration, and, in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, do not register for the App.
This agreement for use of the [Boundary Plus Smart System/My PetSafe/PetSafe SMART DOG Trainer/PetSafe Smart Feed/SportDOG/Invisible Fence GPS Fence] application (together with any associated software applications, widgets, database structures and queries, interfaces, websites, webpages, tools, and the like), as updated from time to time, (the “Application”) is between Radio Systems Corporation d/b/a PetSafe Brands (“PetSafe Brands,” “we,” “us,” and “our”) and the party (“you,” “your”) indicated during the account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the Application in accordance with this agreement, the “Registration”).
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THESE TERMS CAREFULLY.
a. License. Subject to the terms and conditions of this agreement, PetSafe Brands grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license during the Term to install and use the Application solely and exclusively for your personal use. PetSafe Brands reserves for itself and its licensors any rights not expressly granted in this agreement. You acknowledge that we may issue updated versions of the Application and that the updated version may be automatically deployed to your device or otherwise available for use under this agreement. You consent to such automatic upgrading on your device and agree to timely upgrade the Application in the event there is no automatic update. You further agree that the terms and conditions of this agreement will apply to all updates to and versions of the Application.
b. Account; Minimum Age. You may only create and hold one account for the Application and our services. You must be at least 18 years old to use, or create an account for use of, the Application.
c. Devices. To use the Application, you must have a compatible device, and we do not warrant that the Application will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Application. Use of the Application requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to accessing to the Application.
d. UserID and Password. You shall maintain and cause to be maintained the confidentiality of your account information, including your user ID and password. You may not provide your account information to anyone else or allow anyone else to access the Application using your account information. You may not permit any other individual or entity to use, access, or view the Application via your account. You must keep your password strictly confidential.
e. Prohibitions. You shall not, directly or indirectly, do, nor shall you authorize any person or entity to do, any of the following: (1) use or disclose the Application for any purpose or in any manner not specifically authorized by this agreement or otherwise in violation of the terms hereof; (2) make any copies or prints, or otherwise reproduce or print, any portion of the Application, whether in printed or electronic format; (3) distribute, republish, download, display, post, disclose, or transmit any portion of the Application; (4) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the Application or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Application or any software, documentation, content, or data related to the Application; (5) modify, adapt, translate, or create derivative works from or based upon any part of the Application, or combine or merge any part of the foregoing with or into any other software, document, or work; (6) refer to or otherwise use any part of the Application as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (7) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the Application, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (8) fail to preserve all copyright and other proprietary notices in any copy of any portion of the Application made by you or on your behalf; (9) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the Application without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (10) use the Application to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this agreement; (11) use the Application to access, store, receive, transfer, transmit, distribute, or process any information in violation of any applicable law, regulation, ordinance, or guideline or otherwise use the Application in violation of any applicable law, regulation, ordinance, or guideline; (12) diminish or infringe any intellectual property rights in and to the Application or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed in association with the foregoing; (13) cause the Application to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (14) promote, condone, or incite violence, dangerous acts, or discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic; threaten, harass, or bully any person; or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (15) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (16) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (17) collect, store, receive, process, use, disclose, manipulate, track, or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (18) use any device, software, methodology, or routine to interfere with or disrupt the Application or the servers or networks connected to the Application by trespass or burdening network capacity; (19) use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application); (20) harvest, access, or collect information about other Application users or customers of PetSafe Brands; (21) restrict or inhibit any other person from using the Application, including without limitation by means of “hacking” or defacing any portion thereof; (22) “frame” or “mirror” any portion of the Application; (23) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the Application; (24) process data on behalf of any third party; (25) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application; or (26) attempt to do or assist any party in attempting to do any of the foregoing. Although we have no obligation to monitor use of the Application, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this agreement.
f. Reviews. The Application may allow you to rate content or post reviews. Ratings and reviews are not endorsed by PetSafe Brands, and do not represent the views of PetSafe Brands or of any affiliate or partner of PetSafe Brands. PetSafe Brands does not assume liability for ratings or reviews or for any Losses (as defined below) resulting from any ratings and reviews. Before posting a rating or review, you must have had recent first-hand experience with the content rated; (2) you may not draw any legal conclusions; and (3) your review must otherwise comply with the terms of this agreement as well as all applicable laws, rules, and regulations, including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Any rating and/or review that we determine violates this agreement may be removed or excluded by us without notice. You acknowledge and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. PetSafe Brands is not responsible for, and you hereby expressly release PetSafe Brands, its affiliates, and their respective directors, officers, employees, and agents from, any and all liability for the action of any and all third parties on the Application.
g. Compliance. You represent, covenant, and warrant that you will at all times comply with all applicable laws and regulations in the conduct of your business and in the performance of your obligations under this agreement, including, without limitation, laws relating to advertising, the Internet, promotions, and business practices. You agree that you will use the Application only in a manner that complies with all applicable laws and regulations.
h. Responsibility. You agree that you are solely responsible for (and that PetSafe Brands has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under this agreement, and for the consequences (including any loss or damage which PetSafe Brands may suffer) of any such breach.
a. Application. You acknowledge and agree that (1) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws; (2) PetSafe Brands and/or its third party licensors own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto; and (3) you do not acquire any ownership rights in or to the Application through this agreement or by use of the Application. PetSafe Brands and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the Application and all Intellectual Property Rights therein. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license, if any, authorizing use of such code. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
b. Ideas. You may suggest improvements and/or communicate to us ideas, inventions, discoveries, or concepts (“Ideas”), and you may discover or create the Ideas jointly with us. You agree that any such Ideas shall be and remain solely the property of PetSafe Brands and/or its licensors and may be used and sold, licensed, or otherwise provided by PetSafe Brands and/or its licensors to third parties, or published or otherwise publicly disclosed, in PetSafe Brands’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to PetSafe Brands any and all of your right, title, and interest in and to any such Ideas.
c. Apple. If you have downloaded the Application from the Apple, Inc. (“Apple”) App Store or if you are using the mobile application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This agreement is between you and PetSafe Brands only, not with Apple. We, not Apple, are responsible for the Application and the content of it. The license granted to you in this agreement with respect to the Application is for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the Application, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.
d. Google. If you have downloaded the Application from the Google Play Store, you (1) you acknowledge that this agreement is solely between you and PetSafe Brands only, and not with Google, Inc. (“Google”); (2) your use of the Application must comply with Google’s then-current Google Play Store Terms of Service; (3) Google is only a provider of the Google Play Store where you obtained the Application; (4) PetSafe Brands, and not Google, is solely responsible for the Application; (5) Google has no obligation or liability to you with respect to the Application or this agreement; and (6) you acknowledge and agree that Google is a third-party beneficiary to this agreement as it relates to the Application.
e. DMCA. PetSafe Brands respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials (or access to them) from the Application by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the written notice is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: PetSafe Brands, Attn: DMCA Agent, 10427 PetSafe Way, Knoxville, TN 37932, legal@petsafe.net. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. PetSafe Brands has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
a. The Application maintains certain personally identifiable information about you. PetSafe Brands will use and disclose your personally identifiable information as described in this agreement or PetSafe Brands’ Privacy Policy (which is located at [https://www.radiosystemscorporation.com/privacy-policy]), as required by law or court order, and as necessary to provide the Application and our services or to enforce our rights. You agree to the use of your data in accordance with PetSafe Brands’ privacy policies.
b. You grant to PetSafe Brands, during and after the Term, a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered during Registration or otherwise into the Application (“Data”) to the extent necessary for PetSafe Brands to (1) provide the Application and our services, (2) perform our obligations under this agreement, (3) attribute ratings or content to you or distribute your content to other users, (4) compile analyses and statistical information from Data regarding usage or performance of the Application and user engagement, (5) provide, monitor, correct, enhance, and improve the Application and perform services related thereto, (6) develop new products or services, and (7) accomplish other internal business purpose or as described in PetSafe Brands’ Privacy Policy. PetSafe Brands reserves the right to, maintain delete, or destroy all Data and materials posted or uploaded to Application pursuant to its internal record retention and/or destruction policies.
c. You also grant to PetSafe Brands a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). You acknowledge and agree that PetSafe Brands has and retains exclusive and valid ownership of all Deidentified Data. PetSafe Brands shall also have the right to collect and analyze data and other information relating to the provision, use, and performance of the Application and related systems and technologies (“Usage Data”), and you acknowledge and agree that PetSafe Brands has and retains exclusive and valid ownership of all Usage Data. PetSafe Brands will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Application and for other development, diagnostic and corrective purposes in connection with the Application and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.
d. You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to PetSafe Brands the licenses set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this agreement, including the restrictions set forth in Section 2. If any of your Data violates this agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (1) to change, delete or remove, in part or in full, any of your Data, (2) to terminate or suspend access to the Application, and/or (3) to terminate or suspend your account, in each case, with or without notice. PetSafe Brands will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless PetSafe Brands, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss (as defined below) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties.
a. Fees. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Application.
b. Payments. Amounts due hereunder shall be paid in the manner established via the Application or Registration. Only valid credit cards or other payment method acceptable to PetSafe Brands may be used. You represent and warrant that you are authorized to use the designated payment method, and you authorize PetSafe Brands, through its third-party payment processor, to charge the designated payment method for all amounts described during the Registration for your order (including taxes, service charges, and any other amounts). You agree that PetSafe Brands may immediately authorize the credit card (or other approved facility, including your app store account) for payment for any order made under your account. If the card (or other payment method) cannot be verified, is invalid, or is otherwise not acceptable, the order may be suspended or cancelled automatically. You are responsible for all activities and charges that occur under your account, and your liability for such charges shall continue after termination of this agreement. You agree to keep all payment cards or other payment method information current, and you agree that PetSafe Brands may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. In the event of an error—whether on the Application, in an order confirmation, in processing an order, or otherwise—PetSafe Brands reserves the right to correct such error and to revise the order if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your use of Google Pay or Apple Pay is subject to the terms and conditions and privacy policies of Google and Apple, respectively.
c. Taxes. If PetSafe Brands is required to collect or pay any taxes in connection with your purchases on the Application, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of the Application or services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
a. PetSafe Brands may, in its sole discretion, make promotional offers with different features and different rates available to any or all of our users. Unless made available to you and used pursuant to this agreement, these promotional offers will have no bearing on your obligation to pay the amounts owed. Unless otherwise stated, promotions applied to a purchase will be reflected at checkout and will either be deducted from (1) the subtotal charged, before tax and fees, as part of the authorized charge to the payment instrument(s) associated with your account, or (2) if the promotion is related directly to the fees (e.g., no service charge), deducted from the fee. Promotions are automatically applied toward your future orders using the Application. We reserve the right to determine the order in which promotions are applied to transactions and their priority to other promotional codes. We cannot guarantee that the promotions with the earliest expiration dates will be given priority in all transactions, and you agree to monitor your account regularly to verify the status of promotions. PetSafe Brands has no obligation to offer or redeem any promotion, including if such promotions are unavailable due to error or technical failure.
b. PetSafe Brands may regulate, modify, and/or eliminate any promotional credits in its sole discretion at any time, with or without notice to you. You cannot use any promotions on past purchases. In some cases, you may not be able to combine promotions with any other promotions or discounts. Some promotions have expiration dates. The expiration date will be displayed on the Application. Expired promotions have no value. Further, PetSafe Brands does not issue or award retroactive promotions for any reason.
c. PetSafe Brands may display promotions anywhere on the Application and will, in its sole discretion, select the promotions that are available to you. Promotions may be limited to select products. Promotions may not be available at all locations. Promotions may require you to select the promotion on the Application, require you to enter a promotional code in order to redeem the promotion, require you to add qualifying items to your order, or as otherwise communicated to you on the Application.
d. Promotions may only be redeemed by you and are not transferable to another account. Promotions from separate accounts cannot be combined. Promotions cannot be duplicated, cannot be exchanged or redeemed for cash, and cannot be made available to the general public. Promotional credits may never be redeemed or exchange for real money or used outside of the Application. PetSafe Brands has no obligation to refund you for any unredeemed promotions or any associated benefits following cancellation, suspension or modification of any promotion or your account.
e. Additional terms and conditions presented at the time of offering may apply for each to any promotion, and you agree to such terms as set forth on the Application.
f. Notwithstanding anything to the contrary and subject to applicable law, PetSafe Brands reserves the right to cancel, suspend, and/or modify any aspect of or the entirety of any promotion, for any reason at any time, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the promotion. We many (1) suspend or terminate promotion, (2) refuse to honor a promotion, and/or (3) withhold or deduct credits or other value obtained, with or without notice, if we, in our sole judgment, determine that you have violated this agreement, engaged in any fraud or abuse relating to the accrual or redemption of promotions, or otherwise acted in a manner inconsistent with the promotion’s intent. Such action may result in the forfeiture of all unredeemed promotions and/or the opportunity to earn and/or redeem additional promotions in the future as well as suspension or termination of your account.
a. Term. Unless terminated pursuant to this agreement, this agreement is effective upon your acceptance of it in the course of the Registration, and it shall continue in effect until terminated pursuant to this agreement (the “Term”).
b. Termination. If you breach this agreement, if we are required to do so by applicable law, or if we reasonably believe that there has been conduct via your account that creates or could create liability or harm to any user, third party or us, we may terminate this agreement at any time with or without notice to you by disabling access to the Application or closing your account. You may terminate this agreement at any time by closing your account, uninstalling the Application from your mobile device in its entirety, and ceasing use of the Application and our services.
c. Effect of Termination. Upon termination of this agreement for any reason or no reason, your access rights and all licenses granted to you will terminate, and you must immediately cease all use of the Application. You will forfeit any pending, current, or future account credits or promotional offers, and any other forms of unredeemed value in or associated with your account.
a. THE APPLICATION AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION. PETSAFE BRANDS, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION OR ANY PART OF IT, AND ANY SERVICES PROVIDED BY PETSAFE BRANDS, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT PETSAFE BRANDS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. PETSAFE BRANDS EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. PETSAFE BRANDS DOES NOT WARRANT THAT THE APPLICATION OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
c. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
d. THE APPLICATION IS NOT INTENDED FOR USE IN ANY ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e. Due to the continual development of new techniques for intruding upon and attacking networks, PetSafe Brands does not warrant that the Application, or any equipment, system, or network on which it is used or accessed, will be free of vulnerability to intrusion or attack that results in your inability to use the Application or the unauthorized disclosure or compromise of your information in the Application.
f. PetSafe Brands cannot and does not guarantee or warrant that the Application or files available for downloading from the internet or the Application 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 the Application for any reconstruction of any lost data.
g. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Application or portions thereof, including but not limited to the Application’s features, look and feel, and functional elements and related services.
h. Although the Application may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link is not, nor does it imply, an endorsement of the linked site by PetSafe Brands. PetSafe Brands takes no responsibility for the availability or accuracy of content or information contained on those other sites, and does not exert any editorial or other control over those other sites. PetSafe Brands does not take responsibility for the privacy policies and practices of these third-party links.
i. Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
a. NEITHER PETSAFE BRANDS NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PETSAFE BRANDS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
b. IN NO EVENT SHALL PETSAFE BRANDS’ OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APPLICATION AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PERSONAL INJURY, AND WRONGFUL DEATH), OR OTHERWISE, EXCEED $100. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
c. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations above may not apply to you. To the extent applicable law does not permit such limitation of liability, the extent of such liability shall be the minimum permitted under such applicable law.
d. Any cause of action or claim you may have with respect to the Application must be commenced within one year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Application.
e. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APPLICATION.
a. This agreement, including the aforementioned Privacy Policy, constitutes the entire agreement between you and PetSafe Brands relating to the Application and your use of the Application. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. No modification or amendment to this agreement will be valid or binding unless in writing and duly executed, including by clicking a button when presented to accept such amendment.
b. The failure of PetSafe Brands to exercise or enforce any right or provision of this agreement does not constitute a waiver of such right or provision, which will still be available to PetSafe Brands. Any waiver by PetSafe Brands of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement.
c. If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (1) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (2) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (3) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (4) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
d. This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. PetSafe Brands may freely transfer, assign, or delegate all or any part of this agreement and any rights or duties hereunder. You may not assign this agreement or any of the rights or licenses granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.
e. PetSafe Brands shall not be liable for any failure to perform its obligations under this agreement if such failure arises, directly or indirectly, out of causes reasonably beyond its direct control, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
f. You may contact us at PetSafe Brands, Attn: Legal, 10427 PetSafe Way, Knoxville, TN 37932, legal@petsafe.net for any notices, complaints, or claims with respect to the Application.