YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS REGARDING THE LOVEMYPETGPS.COM SERVICE ("Service") AND THE LOVEMYPETSGPS DEVICE (“Device”). The words "LoveMyPets," "we" or "us" refer to LoveMyPets, LLC and its parents, subsidiaries and affiliates. The word "You" refers to the account holder, account administrator, subscriber or user of the System or the Device.
- GRANT OF LICENSE. LoveMyPets grants You a revocable, non-transferable and non-exclusive license to use the Device and ANS provided You comply with all terms and conditions of this agreement. These Terms and Conditions do not grant You the right to distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Device or the System, any access to them, or any rights granted hereunder to any other person. All rights not expressly granted herein are reserved by LoveMyPets.
- SERVICE PRICING. Your credit card will automatically be charged a monthly recurring fee based on the rate plan you select at LoveMyPets.com to utilize the System. All rate plans require an initial 12 month service commitment. The service shall automatically renew for successive one year periods, unless cancelled by You as follows: use of the System can be terminated after the initial 12 months based on written notice to the System and subject to payment of a cancellation fee of $50.
- LOCATION SERVICE. You may use the System to locate your LoveMyPets Device after entering the appropriate username and password when prompted at www.LoveMyPetGPS.com or other website specified by LoveMyPets to locate devices. Accuracy of the location information is subject to network capabilities, environmental conditions, and whether or not the devices are powered on and within the carrier’s coverage area. LoveMyPets expressly does not warrant the network service provided to it by cellular carriers. LoveMyPets does not guarantee the accuracy, reliability, or usefulness of location information accessed through a cellular carrier providing network transmission or location services to LoveMyPets. LoveMyPets does not take any responsibility for pets, or items or people that are not recovered. LoveMyPets reserves the right to set limits on the use of these services at its discretion.
- CONSENT TO DATA COLLECTION. By providing your consent to these Terms and Conditions and by activating the System, You authorize LoveMyPets to collect, use, and disclose geographic location and other personal information (including your name, address, account number, equipment identifiers, and Internet Protocol addresses) necessary to enable delivery of the System service, including functions that are incidental and necessary to such delivery (e.g., invoicing).
- LAWFUL USE. You agree not to use the System or the location information provided thereby for any unlawful purpose, and You agree to comply with all applicable laws and rules. By using the System, you represent and warrant that all customer information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
- INTELLECTUAL PROPERTY RIGHTS. The System, LoveMyPetGPS.com website, and the LoveMyPetsGPS Safety collar are patent pending and are protected by copyright, trademark, service mark, trade secret and other intellectual property laws and treaties and will remain the exclusive property of LoveMyPets. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- RESTRICTIONS. You may not (a) reverse engineer, decompile, or disassemble the System or the Device; (b) modify, translate, adapt, arrange, or create derivative works based on the System or the Device for any purpose, (c) export the System or the Device in violation of U.S. or other applicable export control laws; or (d) use the System or the Device outside of the country of purchase or in a manner inconsistent with or in violation of this agreement.
- INDEMNIFICATION. As a condition of your use of the System, and with respect to third-party claims, You agree to indemnify LoveMyPets, affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind attributable to any breach by You of your obligations established herein, your use of the System or the Device, or your violation of any rights of a third party.
- PRODUCT WARRANTY WITH RESPECT TO THE DEVICE. The Device is a product secured by LoveMyPets. LoveMyPets offers the following Product Warranty on the Device, which warranty is incorporated into these Terms and Conditions:
LoveMyPets warrants that its products are free from material defects and faulty workmanship for a period of twelve (12) months from the date of purchase. LoveMyPets will repair or replace, at its option, any roduct that breaches this warranty during said period.
This warranty does not cover and is void with respect to:
- Products which have been improperly installed, repaired, or modified;
- Products which have been subjected to abuse, misuse, physical damage, exposure to fire, water or excessive moisture or dampness;
- Products which have been opened, repaired, modified or altered by anyone other than LoveMyPets’ authorized service center;
- Products on which the serial number has been removed, altered, or rendered illegible; or
- Products that are operated outside the limits of the technical specifications of the product.
Repair and/or replacement of LoveMyPets product will be performed through LoveMyPets’ return material authorization (RMA) procedure. The customer is required to contact the LoveMyPets customer support to obtain approval and procedure for returning any product under warranty.
EXCEPT AS SET FORTH HEREIN, LOVEMYPETS MAKES NO WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, AND LOVEMYPETS SPECIFICALLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO ANY PRODUCTS SUPPLIED OR SERVICES RENDERED BY LOVEMYPETS.
In the event that a court of competent jurisdiction determines that LoveMyPets is in breach of any warranty or liable to a customer in any way, the amount of recoverable damages shall be limited to the cost of replacement of any product found to be defective or non-conforming.
IN NO EVENT SHALL LOVEMYPETS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHICH ARISE IN ANY WAY OUT OF THE MANUFACTURE, SALE OR USE OF ITS PRODUCTS OR SERVICES.
- DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, LoveMyPets provides the Device, the System, and any support services relating to the System ("Support Services"), if any, on an AS IS Basis. LoveMyPets does not warrant uninterrupted use or operation of the System or that any data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, nor does LoveMyPets warrant the accuracy or reliability of any data obtained through the System. LOVEMYPETS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR WRITTEN, ORAL, CONTRACTUAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. LoveMyPets expressly assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft or destruction or unauthorized access to, or alteration of, any use of the System through the Internet or other communication services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOVEMYPETS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, DEATH, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE DEVICE, THE SYSTEM, OR THE SUPPORT SERVICES OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF LOVEMYPETS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF REMEDIES. THE ENTIRE LIABILITY OF LOVEMYPETS AND ANY OF ITS SUPPLIERS WITH RESPECT TO THE DEVICE, THE SYSTEM, OR SERVICES RELATED TO EITHER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SYSTEM OR THE DEVICE. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.
- TERMINATION. Without prejudice to any other rights, LoveMyPets may cancel your access to the System, without notice and without any liability to You, if You do not abide by the terms and conditions of this agreement, in which case You must immediately cease using the System. Your access to the System and the license granted hereunder will terminate upon expiration or cancellation of your agreement with LoveMyPets.
- GOVERNING LAW AND JURISDICTION. Any dispute concerning the Device, the System, any services with respect to either, or the interpretation or enforcement of this agreement, shall be governed by and construed in accordance with the laws of the State of South Carolina. Any action arising out of or relating to such dispute shall be filed only in state or federal courts located in Greenville South Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
- SEVERABILITY OF PROVISIONS. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability
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