PetSafe Brands Terms & Conditions

This document was last updated 24 April 2024.

This is a legally binding agreement. Please read these terms and conditions carefully. By using the Site, by clicking “I Agree” (or similar button) to accept or agree to this agreement, or by placing an order for Products, you're confirming that you've got the full legal authority to enter this agreement and you're acknowledging your agreement to be bound by the terms and conditions of this agreement. If you don't agree to these terms and conditions, don't use or register for the Site.

This agreement between you (“Customer,” “you,” “your”) and Radio Systems Corporation trading as PetSafe Brands sets out the terms and conditions that apply to (i) your use of the website where they're posted (the “Site”) and (ii) your purchase of products and/or services from Radio Systems Corporation trading as PetSafe Brands or its affiliates (collectively, "PetSafe Brands," "we," "us" or "our") through the Site. If you're accessing the Site on behalf of, or as an agent for another person or entity, that person or entity is also a Customer and will be bound by this agreement.

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.

1. Registration. You might get a chance to sign up for the Site through an account registration process (this process and the info you give during it, as updated from time to time following this agreement, the “Registration”). You reckon that the info you've put in the Registration is fair dinkum, spot on, and complete, and you agree to spruce up the Registration if any of that info changes. The Registration is part of this agreement and is included in it. Even if you acknowledge this agreement in other ways (like clicking or using other electronic ways), every time you use the Site it's still under this agreement and doesn't make a brand new or separate contract; however, if there's a new version of this agreement and you're asked to agree to it, saying yes to the new version (including by clicking or other electronic ways) will change this agreement.

2. Use of Site

a. Account; Minimum Age. You can only have one account for the Site for your personal, non-commercial use. You've gotta be at least 18 years old to use, or sign up for an account on, the Site. If you're under the legal age in your area, you need your parent or guardian's permission to use the Site, and they must read and agree to these terms before you use it. Despite what's been said, you're not allowed to use the Site if you're under 13. If we find out, or someone tells us, that you're under 13, or that you're under 18 and didn't get the right permission, we'll immediately shut down your access to the Site.

b. Devices. To use the Site, ya gotta have a compatible device, and we can't guarantee that the Site's gonna work with all devices. It's on you to pick, get, and keep any gear, bits and bobs, and extra services you need to get into and use the Site. Using the Site means you need Internet access or mobile data, which might hit ya with extra fees or charges. Since you can get to the Site over the Internet, we're offering it 'as is,' with all the risks that come with that sort of access. By hooking up to the Site, you're acknowledging and accepting the risks that come with public Internet access and using an unsecured wireless network in public. You'll be copping all the fees and charges that come with getting onto the Site.

UserID and Password. You've gotta keep your account info, including your user ID and password, under wraps. Don't be sharing your account details with anyone else or letting them jump onto the Site with your info. And don't let any other bloke or business have a squiz or get into the Site using your account. Your password needs to stay top secret, alright?

c. Prohibitions. You're not allowed to, directly or indirectly, do, nor can you let anyone else do, any of the following: (1) use or share the Site for any reason or in any way that's not specifically allowed by this agreement or that breaks the terms of it; (2) make any copies or prints, or reproduce or print any part of the Site, whether on paper or digitally; (3) distribute, republish, download, show, post, reveal, or send any part of the Site; (4) create or recreate the source code for, or reverse engineer, decompile, or take apart the Site or try to find out the source code, object code or the underlying structure, ideas, know-how, or algorithms related to the Site or any software, documentation, content, or data related to the Site; (5) change, adapt, translate, or make new works from or based on any part of the Site, or mix or merge any part of the above with any other software, document, or work; (6) refer to or use any part of the Site as part of trying to make a product or service that has any functions, looks, or other features or purposes similar to those we provide; (7) remove, erase, or mess with any copyright, logo, or other ownership or trademark notice printed or stamped on, stuck to, or coded or recorded in the Site, or use a proxy, reverse proxy, or any other thing that's meant to, or does, hide any of the above or confuse someone about our rights to the above; (8) not keep all copyright and other ownership notices on any copies of any part of the Site you make or that are made for you; (9) sell, market, license, sublicense, distribute, rent, loan, or give any third party any rights to have or use any part of the Site without our clear written permission beforehand (which we can refuse for any reason or make conditional on the other party agreeing to keep things confidential and not use them, and/or other promises and guarantees that we think are needed); (10) use the Site to get or try to get into any software applications, computer systems, or data that you're not clearly allowed to under this agreement; (11) use the Site to get, store, receive, send, spread, or deal with any info that breaks any laws, rules, orders, or guidelines or use the Site in any way that breaks any laws, rules, orders, or guidelines; (12) lessen or break any intellectual property rights in the Site or mess with any copyright protection, copyright management systems, or digital ID devices used with the above; (13) make the Site say bad things about or break the rights of anyone else, including ownership rights (like any patent, trademark, trade secret, copyright, or other ownership rights) or rights to be in the public eye or keep things private; (14) support, say it's okay, or get people to do violence, dangerous acts, or discrimination against people or groups because of their race, where they're from, religion, disability, gender, age, nationality, veteran status, political side, or sexual orientation/gender identity or any other protected thing; threaten, hassle, or bully anyone; or get, store, receive, deal with, use, share, mess with, track, or spread any content or data that does any of the above or is rude or dirty; (15) pretend to be someone else or make fake views or clicks on ads through any automatic, tricky, fake or other wrong ways, including but not limited to through constant clicking, the use of robots, agents, or other automatic search tools and/or computer-made search requests, and/or the unauthorised use of other search engine optimisation services and/or software; (16) act in a way that's illegal, unfair, mean, hateful, abusive, racist, fake, defamatory, libelous, rude, against the law, harassing, violent, or threatening; (17) get, store, receive, deal with, use, share, mess with, track, or spread any computer viruses, worms, trojan horses, back doors, trap doors, time bombs, malware, or other bad code; (18) use any device, software, method, or routine to mess with or disrupt the Site or the servers or networks connected to the Site by trespassing or overloading the network; (19) use the Site in any way that could wreck, weaken, overload, or break the Site (or servers or networks connected to the Site), nor can you use the Site in any way that could mess with anyone else's use and fun of the Site (or servers or networks connected to the Site); (20) harvest, get into, or collect info about other users of the Site or customers of PetSafe Brands; (21) stop or get in the way of anyone else using the Site, including by 'hacking' or ruining any part of it; (22) 'frame' or 'mirror' any part of the Site; (23) use any robot, spider, other automatic thing, or manual process, to 'screen scrape,' watch, 'mine,' or copy any part of the Site; (24) deal with data for someone else; (25) do anything to get around or beat the security or content use rules set up, used, or enforced by any part of the Site; or (26) try to do or help anyone try to do any of the above. Even though we don't have to watch how the Site is used, we might do so and can stop any use that we think might be (or is said to be) breaking the law or this agreement.

d. Reviews. The Site might let ya rate content or chuck up reviews. Ratings and reviews aren't backed by PetSafe Brands, and they don't reflect the opinions of PetSafe Brands or any of their mates or partners. PetSafe Brands doesn't cop the blame for any ratings or reviews or for any losses (as spelled out below) that come from any ratings and reviews. Before you post a rating or review, ya gotta have had a recent first-hand squiz at the content rated; (2) ya can't make any legal calls; and (3) your review's gotta stick to the terms of this agreement as well as all the proper laws, rules, and regs, including the Federal Trade Commission’s Guides about using endorsements and testimonials in ads. Any rating and/or review that we reckon breaks this agreement might be nicked off or chucked out by us without a heads up. You get that and agree that you might cop an eyeful of third-party content that's a bit how ya goin', dodgy, not right, or just not what you're after. PetSafe Brands isn't on the hook for, and you're giving a free pass to PetSafe Brands, its mates, and their respective bigwigs, officers, workers, and agents from, any and all responsibility for what any third parties get up to on the Site.

e. Compliance. You represent, warrant, and ensure that you'll always comply with all relevant laws and regulations in the conduct of your business and in meeting your obligations under this agreement, including, but not limited to, laws regarding advertising, the internet, promotions, and business conduct. You agree to use the Site solely in manners that are in accordance with all applicable laws and regulations.

3. Terms of Sale

a. Order Acceptance. The Site only solicits offers to buy goods and isn't an offer to sell. You agree that your order is an offer to buy, under this agreement, all goods, items, and products (“Products”) or services (“Services”) in the quantities and at the prices listed in the order. We're not obligated to sell the Products or Services to you unless and until we accept the order. We may choose not to accept orders at our sole discretion. We'll send you a confirmation email with the details of the Products or Services purchased after our acceptance. Acceptance of your order won't take place unless and until we send out the confirmation email. We'll sell to you, and you're to purchase from us, the Products or Services upon the terms and conditions set forth in this agreement. BY PLACING AN ORDER WITH US, YOU CONFIRM THAT THIS AGREEMENT WILL GOVERN ALL PURCHASES OF PRODUCTS AND SERVICES. ALL PRODUCTS, SERVICES, AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU'VE ALREADY PLACED AN ORDER.

b. Payment Terms; Quotes; Interest. Payment terms are completely up to PetSafe Brands, and unless there's a different agreement in place with PetSafe Brands, they need to get your payment before they'll go ahead with your order. You've gotta pay for the products and services, and any support, with a credit card or another payment method that PetSafe Brands is okay with, unless you've got a written agreement with them for credit terms. When you chuck in your order, you're saying that (a) all the credit card details you've given us are fair dinkum, (b) you're allowed to use the credit card for the purchase, (c) you're giving us the nod to charge your order to the card you've given us; (d) any charges you rack up will be taken care of by your credit card mob, and (e) you'll cough up for any charges you've made at the prices we've posted, including any costs for shipping and handling and all taxes, if there are any. If your card (or any other way you're trying to pay) doesn't check out, is cactus, or we can't take it for any other reason, we might have to put your order on hold or cancel it straight away. The prices and availability of products and services can change without a heads up. The final price for your order is locked in on the day we get your payment. You've gotta pay invoices within the time frame written on the back of the invoice, starting from the invoice date. PetSafe Brands might send you separate bills for different bits of your order. Any quotes PetSafe Brands gives you are only good for the time they say on the quote. You agree to pay interest on any money you owe that's overdue at the highest rate the law will let us charge. You also agree to cover PetSafe Brands so they don't cop any taxes, even if they're not listed on any invoice for products sent to you.

c. Item Descriptions. Features and specs of Products and Services described or shown on the Site may change at any time without notice. The Site mentions Products and/or Services that are generally available in the United States, but might not be available in your specific country or area. The mention of any such Products or Services on this Site doesn't suggest or guarantee that these Products or Services will be available at any time in your specific area. You should therefore have a chat with your local authorised sales rep for specific product/service availability in your area.

d. Errors. The pricing and availability of Products or Services available through the Site are subject to change without notice. When PetSafe Brands discovers a blunder on the Site it will be sorted out; however, PetSafe Brands reserves the right to withdraw any stated offer and to correct any errors, misstatements, inaccuracies, or blunders, both before and after an order has been lobbed in to PetSafe Brands, whether or not the order has been confirmed and whether or not your credit/debit card has been charged. If your credit/debit card has been charged and your order is later cancelled by PetSafe Brands, PetSafe Brands will chuck a credit to that account for the amount charged before the order was nixed. You understand that PetSafe Brands doesn't have a say in when this credit will be reflected on your account balance.

e. Shipping. We'll organise to send your bought products to the address you've given in your order. Make sure you have a squiz at the website for specific delivery options. Orders made through the website are dependent on if we've got the product and will be sent based on the shipping terms in this agreement and the shipping terms and costs listed on the website when you buy something. If it turns out your order doesn't show up, you've gotta let us know in writing (an email's alright) or give us a bell within sixty (60) days from when we sent you the email saying your order was shipped. We're not gonna give you your money back for the shipping unless you paid for express delivery and didn't get it, in which case PetSafe Brands will chuck the difference in cost between the shipping you paid for and the shipping you got into your account. Have a gander at our Shipping Policy for more info about your deliveries.

f. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on PetSafe Brands' invoice(s). Unless you provide PetSafe Brands with a valid and correct tax exemption certificate for the product's delivery location before PetSafe Brands accepts your order, you're responsible for sales and all other taxes associated with the order, no matter what they're called, except for PetSafe Brands' franchise taxes and taxes on PetSafe Brands' net income. If applicable, a separate charge for taxes will be shown on PetSafe Brands' invoice.

g. Delivery; Title; Risk of Loss. The risk of loss and title for products passes from PetSafe Brands to the customer when they're shipped from PetSafe Brands' facility. PetSafe Brands won't be held responsible for any delivery delays that are beyond their reasonable control, including but not limited to, delays caused by unavailability or shortages of products or product components from PetSafe Brands' suppliers, natural disasters, acts of war, acts or omissions of the customer, fire, strike, riot, government interference, unavailability or shortage of materials, labour, telecommunications, fuel or power through normal commercial channels at fair and reasonable rates, failure or destruction of plant or equipment for any reason whatsoever, transport failures or computer-related transmission failures.

h. Refund Policy. If for any reason you're not fully satisfied with your product, you can return it for a full refund of your purchase price, provided you follow the terms and conditions outlined in our Refund Policy.

i. Special Types of Orders. Some Products and Services might be up for grabs on a subscription, pre-order, or try-before-you-buy basis. Snagging a subscription Product or Service means you're agreeing to our Recurring Subscription Policy. When you snag a pre-ordered Product, you're keen to buy something that's either currently out of stock or about to be launched and isn't yet available. We might not charge ya or might only sling a part of the payment your way at the time of purchase, and we'll hit up your payment method for the full amount or the remaining payment once the Product is ready to go at a later date. You can bail on a pre-order right up until it's prepped for delivery, after which our Return Policy will come into play. When you pick up a try-before-you-buy Product, you'll get a set period to figure out if you're stoked to keep the Product, as per the details on the Site and/or your order confirmation. Once that period's over, we'll charge your payment method the full price unless you've already sent the Product back.

j. Exports. Customer agrees and represents that they're buying for their own personal use only, and not for on-selling. The Site, Products, and Services might be subject to export controls or restrictions by the United States or other countries or territories. You agree to follow all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.You represent and warrant that (1) you're not located in a country that's subject to a U.S. Government embargo, or that's been designated by the U.S. Government as a “terrorist supporting” country; and (2) you're not listed on any U.S. Government list of prohibited or restricted parties. Customer agrees to defend, indemnify and hold harmless PetSafe Brands for any breach by Customer of any export restrictions.

4. Specials

a. PetSafe Brands might, at their own bat, chuck out promo deals with different features and rates to any or all of our customers. Unless they're up for grabs for you and you stick to this agreement when using 'em, these specials won't change your obligation to cough up what you owe. Unless it's said otherwise, any promos slapped on a purchase will show up at the checkout and will be knocked off (1) the subtotal charged, before tax and charges, as part of the authorised charge to the payment method(s) linked to your account, or (2) if the promo is directly related to the charges (for example, no service fee), it'll be taken off the fee. Promos are automatically gonna be used for your future orders on the Site. We've got the right to suss out the order promos are applied to transactions and their pecking order over other promo codes. We can't promise that promos expiring soonest will get first dibs in all transactions, and you agree to keep an eye on your account to check the status of your promos. PetSafe Brands isn't roped in to offer or honour any promo, especially if they're not on the table due to a stuff-up or tech glitch.

b. PetSafe Brands may regulate, modify, and/or eliminate any promotional credits at its own discretion at any time, without the need to give you a heads up. You can't chuck past purchases on any promos. Sometimes, you might not be able to stack promos with other deals or discounts. Some promos have use-by dates. The use-by date will be shown on the website. Once a promo's carked it, it's worth zip. Plus, PetSafe Brands doesn't hand out promos after the fact for any reason.

c. PetSafe Brands might chuck up specials anywhere on the site and they'll decide on their own which deals you can get a squiz at. These deals might only be for certain stuff. Might not be able to snag 'em everywhere. You might have to pick the special on the site, chuck in a promo code to get the deal, lob in the right items in your cart, or however else they tell you on the site.

d. Promos can only be used by you and can't be passed on to another account. You can't mix promos from different accounts. They can't be copied, swapped for cash, or given out to everyone. You can't trade promo credits for real dosh or use 'em outside the website. PetSafe Brands doesn't have to give you your money back for any promos you haven't used or any perks that come with 'em if your promo or account gets canned, put on hold, or changed.

e. Additional terms and conditions presented at the time of offering may apply to each promotion, and you agree to such terms as set forth on the Site.

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, without any heads up, including, without limitation, if any dodgy behaviour or technical stuff-up messes with the integrity or proper running of the promotion. We might (1) chuck a halt or end a promotion, (2) knock back honouring a promotion, and/or (3) hang onto or nick off with credits or other value gained, without any warning, if we reckon, on our own bat, that you've stuffed up this agreement, been up to no good or rorted the system in getting or using promotions, or otherwise acted against what the promotion's all about. Doing this could mean you lose all promotions you haven't used yet and/or the chance to rack up and/or use more promotions later, as well as copping a suspension or the flick of your account.

5. Term and Termination

a. Term. This Agreement starts when you accept it during Registration, and it'll keep going until it's ended following the terms of this agreement (the “Term”).

b. Termination. If you stuff up this agreement, if we're forced to by the law, or if we reckon your account's been involved in dodgy stuff that could land any user, someone else, or us in hot water, we can pull the plug on this agreement any tick of the clock with or without a heads up by nicking your access to the Site or shutting down your account. You can give this agreement the flick whenever you want by closing your account, deleting the mobile app part of the Site, and stopping all use of the Site and our services.

c. Effect of Termination. Upon termination of this agreement for any reason or no reason, your access rights and all licences granted to you will terminate, and you must immediately cease all use of the Site.

6. Ownership; Proprietary Rights; Third Parties

a. Site. You acknowledge and agree that (1) the Site contains proprietary and confidential information that's protected by applicable intellectual property and other laws, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement of it all (collectively, the “Content”); (2) PetSafe Brands and/or its third party licensors own all right, title and interest in and to the Site and Content, excluding content provided by you, that may be presented or accessed through the Site, including without limitation all Intellectual Property Rights in it; and (3) you don't get any ownership rights in or to the Site or Content through this agreement or by using the Site. PetSafe Brands and/or its licensors have and keep exclusive, valid, and non-contestable ownership of the Site and all Intellectual Property Rights in it. Any third-party code that might be part of the Site is covered by the applicable open source or third-party licence, if any, that allows 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 of them, now or hereafter in force and effect worldwide.

b. Ideas. You can chuck us your thoughts, inventions, discoveries, or concepts (let's call 'em “Ideas”), and it's possible you'll come up with these Ideas together with us. You're agreeing that any such Ideas will always be the property of PetSafe Brands and/or its licensors and they can flog 'em, license 'em out, or give 'em to other parties, or chuck 'em out in public, all at PetSafe Brands and/or its licensors' own call without telling ya, giving you credit, slinging you royalties, or being liable to you. You're handing over to PetSafe Brands any and all of your rights, ownership, and interest in any of these Ideas.

c. DMCA. PetSafe Brands respects the intellectual property of others, and we expect our users to do the same. If you reckon any materials accessible on or from the Site pinch your copyright, you can ask for the removal of those materials (or access to them) from the Site by chucking in a written notification to our copyright agent listed below. In line 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 pretty much the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you reckon has been ripped off or, if the claim involves multiple works, a representative list of those works; (3) identification of the stuff you reckon is infringing in a way precise enough for us to find it; (4) enough info for us to get in touch with you (including your name, postal address, telephone number, and, if available, email); (5) a statement that you believe in good faith that the use of the copyrighted material isn't authorised by the copyright owner, their agent, or the law; (6) a statement that the info in the written notice is spot on; and (7) a statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: PetSafe Brands Corporation, Attn: DMCA Agent, 10427 PetSafe Way, Knoxville, TN 37932, legal@petsafe.net. If you don't follow all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice might not be on the level. PetSafe Brands has a policy of giving the flick, in appropriate circumstances, to the accounts of users who are repeat infringers.

d. Privacy. PetSafe Brands will use and disclose your personal information as described in this agreement or our Privacy Policy, as required by law or court order, and as necessary to provide the Site and our services or to enforce our rights. You agree to the use of your data in accordance with our privacy policies.

e. You give PetSafe Brands, during and after the Term, a non-exclusive, transferable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and licence to use, copy, encode, store, archive, translate, turn into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any info, content, materials, or other data you put in when signing up or at any other time on the Site (“Data”) as much as they need to for PetSafe Brands to: (1) provide the Site, and the Content in it, and our Products and services, (2) meet our obligations under this agreement, (3) put together analyses and stats from Data about how the Site is used or how it's performing and how engaged users are, (4) provide, monitor, correct, enhance, and improve the Site and services related to it, (5) come up with new products or services, and (6) achieve other internal business goals or as described in PetSafe Brands’ Privacy Policy. PetSafe Brands has the right to keep, delete, or destroy all Data and materials posted or uploaded to the Site following its internal record retention and/or destruction policies.

f. You also grant to PetSafe Brands a non-exclusive, transferable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and licence 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 analyse data and other information relating to the provision, use, and performance of the Site 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 Site and for other development, diagnostic, and corrective purposes in connection with the Site 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.

g. 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 licences 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. If any of your Data violates this agreement, or is inappropriate in our judgement, 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 Site, 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.

7. Indemnity. To the max extent permitted by law, you agree to defend, indemnify and keep safe PetSafe Brands, its licensors, their affiliates, and all their respective directors, officers, employees and agents against any and all Losses that arise from, are related to, or result from (1) your use of the Site or Products obtained through your use of the Site; or (2) your breach of this agreement by you or your representatives; or (3) use of your account for the Site. This obligation will continue even after this agreement ends. For this agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and outlays and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).

8. Warranties; Disclaimers

a. Products.

i. Products you buy might come with specific limited warranties as outlined in this Section (for the product, a “Limited Warranty”). You can also find this Limited Warranty in the docs we give you with the Products. If the docs for the Product you bought include any extra warranties (for the product, an “Individual Product Warranty”) that don't match up with the Limited Warranty, then the Individual Product Warranty will take precedence.

ii. Limited Warranty.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

We guarantee that during the warranty period, the products bought from the site will be free from defects in materials and workmanship. Our liability for faulty products is limited to repair, replacement or refund as outlined in this warranty statement and as explained in our warranty info.

p. Website.

i. THE SITE AND 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 SITE. 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 SITE 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 SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

ii. You clearly get and agree that it's completely up to you how you use the site, and you're having a crack at it. The site's provided to you with no guarantees, just as it is and available.

iii. You're solely responsible for any damage to your mobile phone, or other device, or loss of data that results from such use.

iv. The site ain't meant for use in any activities where the site carking it could result in someone kicking the bucket, getting injured, or cop a heap of damage to the environment.

v. Owing to the constant development of new ways to break into and attack networks, PetSafe Brands can't assure that the Site, or any equipment, system, or network it's used or accessed on, will be secure from vulnerabilities to intrusion or attack that could result in you not being able to use the Site or the unauthorised leak or compromise of your info on the Site.

PetSafe Brands can't and doesn't guarantee or warrant that the Site or files available for downloading from the internet or the Site will be free of viruses or other destructive code. You're 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 Site for any reconstruction of any lost data.

vii. We may, at our sole discretion, modify, suspend, or chuck a sickie on at any time, with or without a fair shake of the sauce bottle, the Site or parts of it, including but not limited to the Site’s features, appearance, and functional components and related services.

viii. Although the Site 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.

ix. Some jurisdictions don't allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you. To the extent applicable law doesn't permit such disclaimer of warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

9. LIMITATION OF LIABILITY AND REMEDIES

a. Neither PetSafe brands nor its licensors will be liable to you (nor to anyone claiming rights derived from your rights) under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any: (i) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (ii) increased costs, reduction in value or lost business, production, revenue, 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 if 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 SITE, PRODUCTS, AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PERSONAL INJURY, AND WRONGFUL DEATH), OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU FOR PRODUCTS DURING THE 12 MONTHS PRECEDING THE CLAIM. 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 don't 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 doesn't permit such limitation of liability, the extent of such liability will be the minimum allowed under such applicable law.

d. Any cause of action or claim you may have concerning the Site must be commenced within one year after it arises, except to the extent that such limitation isn't 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 or related to your use of or access to the Site.

e. You acknowledge that the disclaimers, limitations of liability, indemnification, and dispute resolution provisions in this agreement are a significant incentive and consideration for the grant of the licence contained in this agreement and for providing you with access to the site.

10. Dispute Resolution

a. Governing Law. This agreement and your relationship with PetSafe Brands under this agreement will be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee without regard to any conflict of law provisions. For any matter not required to be resolved under binding arbitration pursuant to this Section 10, You and PetSafe Brands agree to submit to the exclusive jurisdiction of the state and federal courts located within the county of Knox, Tennessee to resolve any legal matter arising from this agreement. Notwithstanding this, you agree that PetSafe Brands will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to seek all remedies available at law and in equity for violations of the agreement, including, without limitation, the right to block access to the Site from a particular account, device, and/or IP address.

b. Arbitration.

i. You and PetSafe Brands agree that any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site, Products, or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and PetSafe Brands are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and PetSafe Brands otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this agreement.

ii. Arbitration Rules and Governing Law. The arbitration will be conducted by the American Arbitration Association ('AAA') in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the 'AAA Rules') currently in effect, except as modified by this 'Dispute Resolution' section. (The AAA Rules are available at www.adr.org or by calling the AAA on 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

iii. Arbitration Process. A party who wants to start arbitration must give the other party a written Demand for Arbitration as set out in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or a solicitor licensed to practice law in the state of Tennessee and will be selected by the parties from the AAA’s list of consumer dispute arbitrators. If the parties can't decide on an arbitrator within seven (7) days of the Demand for Arbitration being delivered, then the AAA will appoint the arbitrator following the AAA Rules.

iv. Arbitration Location and Procedure. Unless you and PetSafe Brands agree otherwise, the arbitration will be held in Knox County, Tennessee. If your claim is no more than $10,000, then the arbitration will be based solely on the documents you and PetSafe Brands provide to the arbitrator, unless you request a hearing or the arbitrator believes a hearing is necessary. If your claim exceeds $10,000, whether you have a hearing will be determined by the AAA Rules. In accordance with the AAA Rules, the arbitrator can determine a fair exchange of information between the parties, consistent with the expedited nature of the arbitration.

v. Arbitrator's Decision. The arbitrator will hand down a decision within the timeframe set out in the AAA Rules. The arbitrator's decision will include the key findings and conclusions that the arbitrator relied on to make the award. Judgment on the arbitration award can be entered in any court that has jurisdiction over it. The damages awarded by the arbitrator must align with the 'Limitation of Liability and Remedies' section above, in terms of the types and amounts of damages a party can be held responsible for. The arbitrator can only grant declaratory or injunctive relief to the claimant and only to the extent necessary to provide the relief justified by the claimant's individual claim. The winning party will be entitled to a payout of legal fees and costs, as allowed by the relevant laws.

Mate, Fees. It's your shout to cover any AAA filing, admin and arbitrator fees as per the AAA Rules. But, if you're chasing damages that don't go over 75 grand, PetSafe Brands will cough up for all those fees unless the arbitrator reckons your claim's a bit of a furphy or you're having a lend of us (going by what's what in the Federal Rule of Civil Procedure 11(b)).

vii. Changes. Notwithstanding the provisions concerning modification of this agreement, if PetSafe Brands changes this 'Dispute Resolution' section after the date you first agreed to this agreement (or agreed to any subsequent changes to this agreement), you can reject any such change by shooting us a written notice (including by email) within 30 days of the date the change became effective, as indicated in the 'Last Updated Date' above or in the date of our email to you notifying you about the change. By rejecting any change, you're agreeing that you'll resolve any stoush between you and PetSafe Brands by following the rules of this 'Dispute Resolution' section as of the date you first agreed to this agreement (or agreed to any subsequent changes to this agreement).

11. Linking to the Site and Social Media Features

a. You can link to the Site’s homepage, as long as it's fair dinkum and above board; but, you can't set up a link that implies any sort of tie-up, thumbs up, or backing from PetSafe Brands without our written go-ahead.

b. This Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to specific content on this Site; (b) send emails or other communications with specific content, or links to specific content, on this Site; and/or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You can only use these features as they are provided by PetSafe Brands and only in relation to the content they're displayed with. Subject to the above, you must not: (a) establish a link from any website that you don't own; (b) cause the Site or parts of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Site other than the homepage; or (d) otherwise take any action regarding the materials on the Site that is inconsistent with any other provision of this agreement.

c. You agree to work with us to stop any unauthorised framing or linking straight away. PetSafe Brands reserves the right to revoke linking permission without notice. PetSafe Brands may disable all or any social media features or any links at any time without notice at its discretion.

12. Links from the Site; Third Parties

a. The Site may contain links to other Internet sites with their own terms and privacy policies. These links are provided for your convenience only. Your use of those sites is subject to the terms of use, if any, that each site has posted. PetSafe Brands has no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at its own risk and subject to the terms and conditions of use for such websites. PetSafe Brands' inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.

b. The Site might also have stuff from other blokes. Any yarns or what people reckon in these bits, and all the stuff that's not from PetSafe Brands, that's all on the person or mob who chucked it in there. These bits don't always line up with what PetSafe Brands reckons. PetSafe Brands isn't on the hook, and doesn't have to cop it sweet for you or anyone else, for the stuff or how true blue it is when it's from other parties.

13. Miscellaneous

a. This agreement, including the Privacy Policy mentioned above, is the whole shebang between you and PetSafe Brands regarding the Site, and your use of the Site and purchase of Products. No earlier or simultaneous yarns, tempters, pinkie promises, or handshakes, whether nattered or scribbled, between the parties about this will have any effect. Each party is having a fair dinkum and guarantees that, in getting into and doing their bit under this agreement, they're not having a lend of any promise, sweetener, or spiel supposedly chucked by or on behalf of the other mob about the guts of this agreement, nor on any old chinwag or the way things are usually done in the trade, except where such a promise, sweetener, or spiel is fair dinkum written down here.

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 part of this agreement is found to be completely or partly invalid or not legally binding by a court or other authorised entity, then (1) the validity and enforceability of all other parts of this agreement not found to be invalid or unenforceable will remain untouched; (2) the impact of the decision will be confined to the jurisdiction of the court or entity that made the decision; (3) the part deemed completely or partly invalid or unenforceable will be considered modified, and the court or entity has the power to alter the part, to the least extent necessary to make it valid and legally binding, in line with what the parties intended as shown in this document; and (4) if the decision or the underlying legal principle leading to the decision is later overturned, changed, or revised by a legislative, judicial, or administrative measure, then the part in question as it was originally outlined in this agreement will be considered valid and enforceable to the fullest extent that the new legal principle allows.

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 licences granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.

e. PetSafe Brands won't be held responsible for any stuff-ups in keeping up their end of the deal if it's 'cause of things fair dinkum out of their control, like acts of God, dodgy acts by terrorists or crooks, stuff the government does, new rules or laws, fires, floods, big bangs, sickness spreading everywhere, pandemics, if the internet goes walkabout, power's out, or other utility hassles, strikes or other worker dramas, riots, or if they can't get their hands on what they need.

f. Except as otherwise expressly stated in this document, no changes or amendments to this agreement will be considered valid or binding unless they're in writing and properly signed off by the party or parties involved, which includes clicking a button to agree to such changes when prompted. We've got the right to update, revise, add to, or otherwise change this agreement at any time, chucking in new or extra rules, policies, terms, or conditions whenever we reckon it's necessary, with or without a heads up and for any reason. These updates, revisions, additions, changes, and new rules, policies, terms and conditions (all together known as “Revised Terms” in this agreement) will kick in straight away and become part of this agreement as soon as we publish them on the Site, which we can do in any way we choose, including posting them on the Site. You've got to understand and agree that if you keep using the Site after we've posted these changes, it means you're totally on board with all the Revised Terms. All these Revised Terms are part of this agreement now, just as if they were written in here from the start.

g. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.

h. The headings of the sections used in this agreement are included for convenience only and are not to be used in construing or interpreting this agreement.

i. The covenants in this document regarding indemnification, post-termination processes, and any other clause that, by its nature, is meant to outlast this agreement will continue to apply after any termination or expiry of this agreement.

j. You can get in touch with us at PetSafe Brands, Attn: Legal, 10427 PetSafe Way, Knoxville, TN 37932, legal@petsafe.net for any notices, complaints, or claims regarding the Site.