Last updated
April 25, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
Galaxik, LLC
, doing business as
PetsChecked
(
"Company," "we,"
"us," "our"
)
.
We operate
the website
http://www.petschecked.com
(the
"Site"
)
,
the mobile application
PetsChecked
(the
"App"
)
, as well as
any other related products and services that refer or link
to these legal terms (the
"Legal Terms"
)
(collectively, the
"Services"
).
You can contact us by
phone at
520-276-6890
, email at
customer-service@petschecked.com
,
or by mail to
13489 S Bell Rd
,
Benson
,
AZ
85602
,
United States
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (
"you"
), and
Galaxik, LLC
, concerning
your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal
Terms will become effective upon posting or notifying you by
customer-service@petschecked.com
, as stated in the email message. By continuing to use the
Services after the effective date of any changes, you agree
to be bound by the modified terms.
We recommend that you print a copy of these Legal Terms for
your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on
their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws
are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would
be subjected to such laws, you may not use the Services. You
may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code,
databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services
(collectively, the
"Content"
), as well as the trademarks, service marks, and logos
contained therein (the
"Marks"
).
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property
rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the
Services
"AS IS"
for your
personal,
non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the
"
PROHIBITED ACTIVITIES
"
section below, we grant you a non-exclusive,
non-transferable, revocable
license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your
personal, non-commercial
use
.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our
express prior written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in
our Legal Terms, please address your request to:
customer-service@petschecked.com
. If we ever grant you the permission to post, reproduce,
or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and
to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your
right to use our Services will terminate immediately.
Your submissions
and
contributions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other
information about the Services (
"Submissions"
), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you
to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality during which
you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or
through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information,
or other material (
"Contributions"
). Any Submission that is publicly posted shall also be
treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services
and
possibly through third-party websites
.
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and
logos):
By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part),
and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your
Contributions, and to
sublicense the
licenses
granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This
license
includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial
images you provide.
You are responsible for what you post or upload:
By sending us Submissions
and/or posting Contributions
through any part of the Services
or making Contributions accessible through the Services by
linking your account through the Services to any of your
social networking accounts,
you:
-
confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
and/or Contribution ; -
warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and -
warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section,
(b) any third party’s intellectual property rights, or (c)
applicable law.
We may remove or edit your Content: Although
we have no obligation to monitor any Contributions, we shall
have the right to remove or edit any Contributions at any time
without notice if in our reasonable opinion we consider such
Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
By using the Services, you represent and warrant
that:
(1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as
necessary;
(3) you have the legal capacity and you agree to comply with
these Legal Terms;
(4) you are not under the age of 13;
(5
) you are not a minor in the jurisdiction in which you
reside
, or if a minor, you have received parental
permission to use the Services
; (
6) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise;
(7
) you will not use the Services for any illegal or
unauthorized
purpose; and (
8) your use of the Services will not violate any applicable
law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse
any and all current or future use of the Services (or
any portion thereof).
4. USER REGISTRATION
You may be required to register to use the
Services. You agree to keep your password
confidential and will be responsible for all use of
your account and password. We reserve the right to
remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via
the Services. You further agree to promptly update account
and payment information, including email address, payment
method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales
tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All
payments shall be
in
US dollars
.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or
under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in
our sole
judgment
, appear to be placed by dealers, resellers, or
distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Discount
We offer
one
month free
when you subcribe for a full year.
Cancellation
Fee Changes
7.
POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose
other than that for which we make the Services available.
The Services may not be used in connection with any
commercial
endeavors
except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
-
Upload or transmit (or attempt to upload or
to transmit) any material that acts as a
passive or active information collection or
transmission mechanism, including without
limitation, clear graphics interchange
formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard
search engine or Internet browser usage,
use, launch, develop, or distribute any
automated system, including without
limitation, any spider, robot, cheat
utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . -
Use the Services as part of any effort to
compete with us or otherwise use the
Services and/or the Content for any
revenue-generating
endeavor or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You are the creator and owner of or have the
necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. -
Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the
foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of
your rights to use the Services.
10. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Services
, you automatically grant, and you represent and
warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole
or in part), and distribute such Contributions
(including, without limitation, your image and
voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of,
or incorporate into other works, such
Contributions, and grant and
authorize
sublicenses
of the foregoing. The use and distribution may
occur in any media formats and through any media
channels.
This
license
will apply to any form, media, or technology now
known or hereafter developed, and includes our use
of your name, company name, and franchise name, as
applicable, and any of the trademarks, service
marks, trade names, logos, and personal and
commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of
your Contributions and any intellectual property
rights or other proprietary rights associated with
your Contributions. We are not liable for any
statements or representations in your Contributions
provided by you in any area on the Services. You are
solely responsible for your Contributions to the
Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from
any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change
any Contributions; (2) to
re-categorize
any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any
reason, without notice. We have no obligation to
monitor your Contributions.
11. MOBILE APPLICATION
LICENSE
Use
License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned
or controlled by you, and to access and use the App on such
devices strictly in accordance with the terms and conditions
of this mobile application
license
contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or
decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work
from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the
App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by
us or the licensors of the App; (5) use the App for any
revenue-generating
endeavor
, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the App available over a
network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App
for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a
substitute for the App; (8) use the App to send automated
queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the
App.
Apple and Android Devices
The following terms apply when you use the App obtained
from either the Apple Store or Google Play (each an
"App Distributor"
) to access the Services: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that
utilizes
the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support
services with respect to the App as specified in the terms
and conditions of this mobile application
license
contained in these Legal Terms or as otherwise required
under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App;
(3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any,
paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that
has been designated by the US government as a
"terrorist
supporting"
country and (ii) you are not listed on any US government
list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when
using the App, e.g.
,
if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when
using the App; and (6) you acknowledge and agree that the
App Distributors are third-party beneficiaries of the terms
and conditions in this mobile application
license
contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in
this mobile application
license
contained in these Legal Terms against you as a third-party
beneficiary thereof.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site or App
) links to other websites (
"Third-Party Websites"
) as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications,
software, and other content or items belonging to or
originating from third parties (
"Third-Party Content"
). Such
Third-Party
Websites and
Third-Party Content
are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the
Services or any
Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or
contained in the
Third-Party
Websites or the
Third-Party
Content. Inclusion of, linking to, or permitting the use or
installation of any
Third-Party
Websites or any
Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the
Third-Party
Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from
the Services or relating to any applications you use or
install from the Services. Any purchases you make through
Third-Party
Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that
we do not endorse the products or services offered on
Third-Party
Websites and you shall hold us blameless from any harm caused
by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you
or harm caused to you relating to or resulting in any way from
any
Third-Party Content
or any contact with
Third-Party
Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor
the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy:
petschecked.com/privacy
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please
be advised the Services are hosted in
the
United States
. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the
United States
, then through your
continued use of the Services, you are transferring your data
to
the
United States
, and you expressly
consent to have your data transferred to and processed in
the
United States
.
Further, we do not knowingly accept, request, or
solicit information from children or knowingly market to
children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has
provided personal information to us without the
requisite and verifiable parental consent, we will
delete that information from the Services as quickly as
is reasonably practical.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account,
we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and
injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our
sole discretion without notice. However, we have no obligation
to update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of
the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed
by and construed in accordance with the laws of
the State of
Arizona
applicable to agreements made and to be entirely performed
within
the State of
Arizona
, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively,
the "Disputes"
)
brought by either you or us (individually, a
"Party" and collectively,
the "Parties"
),
the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally
for at least
thirty (30)
days
before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the
state and federal courts
located in
Pima
,
Arizona
, and the Parties hereby consent to, and waive all
defenses
of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these
Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
19. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of:
(1) your Contributions;
(2) use of the
Services; (3)
breach of these Legal Terms; (4) any breach of your representations and warranties set forth
in these Legal Terms; (5) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume
the exclusive
defense
and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense,
with our
defense
of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the
Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive
any right of action against us arising from any such loss or
corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent
to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic
means.
25. SMS TEXT MESSAGING
Opting Out
Message and Data Rates
Please be aware that message and data rates may apply to any
SMS messages sent or received. The rates are determined by
your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our
SMS communications, please email us at
customer-service@petschecked.com
or call at
520-276-6890
.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted
by us on the Services or in respect to the Services constitute
the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or
use of the Services. You agree that these Legal Terms will not
be construed against us by virtue of having drafted them. You
hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms
and the lack of signing by the parties hereto to execute these
Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services,
please contact us at: