PetSafe Brands Terms & Conditions

This document was last updated the 24th of 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 representing that you have 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 d/b/a PetSafe Brands contains the terms and conditions that apply to (i) your use of the website on which they appear (the “Site”) and (ii) your purchase of products and/or services from Radio Systems Corporation d/b/a 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. Ye might be offered a chance to register for using the Site through an account registration process (this process and the information given during it, as changed from time to time in line with this agreement, the “Registration”). Ye declare that the information put down in the Registration is true, right, and complete, and ye agree to update the Registration if there's any changes to that information. The Registration is included in this and made part of this agreement. Even if there's any more acknowledgement of this agreement (including through clicks or other electronic means), every time ye use the Site it's still under this agreement and doesn't make a new or separate contract; provided, however, when an amended version of this agreement is put forward for acceptance, agreeing to the changed version of this agreement (including through a click or other electronic means) will change this agreement.

2. Use of Site

a. Account; Minimum Age. You can only have the one account for the Site for your own personal, non-commercial use. You have to be over 18 years of age to use, or set up an account for using, the Site. If you're a minor where you live, you need to have your parent or guardian's permission to use the Site, and they must be watching over you when you use it. They also have to read and agree to these terms before you start using the Site. Mind you, you're not allowed to use the Site at all if you're under 13. If we find out for sure, or someone else tells us, that you're under 13, or that you're under 18 and didn't get the permission like it says here, we'll stop your use of and access to the Site straight away.

b. Devices. To be usin' the Site, yeh must have a compatible device, and we can't be promisin' that the Site will be workin' with all devices. 'Tis your job to be choosin', gettin', and lookin' after any gear, bits and bobs, and extra services needed to get on and use the Site. Usin' the Site needs Internet access or mobile data, which might have extra fees or charges. Since the Site can be got at over the Internet, the Site is offered 'as is,' with all the risks that comes with such access. By hookin' up to the Site, yeh acknowledge and accept the risks that comes with public access to the Internet and public use of a non-secure wireless network. Yeh will be responsible for all fees and charges that comes with gettin' on the Site.

UserID and Password. You'll be wantin' to keep your account details, including your user ID and password, under wraps. You can't be givin' your account info to anyone else or lettin' them hop onto the Site with your details. You're not to let any other person or crowd use, get into, or have a gawk at the Site through your account. Keep your password to yourself, and don't be tellin' a soul.

c. Prohibitions. You're not allowed, directly or indirectly, to do, nor can you let anyone else do, any of the following: (1) use or reveal the Site for any purpose 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 in digital form; (3) distribute, republish, download, display, post, disclose, 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 connected 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 develop a product or service that has any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (7) remove, erase, or mess with any copyright, logo, or other proprietary or trademark notice printed or stamped on, stuck to, or encoded or recorded in the Site, or use a proxy, reverse proxy, or any other such thing that's meant to, or does, hide any of the above or confuse someone about our rights in the above; (8) not keep all copyright and other proprietary notices on any copies of any part of the Site made by you or for you; (9) sell, market, license, sublicense, distribute, rent, lend, or otherwise give any third party any rights to have or use any part of the Site without our clear prior written permission (which we can refuse for any reason or make conditional on the other party signing a confidentiality and non-use agreement and/or other promises and guarantees that we think are right); (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 access, store, get, send, transmit, distribute, or process any information that breaks any law, regulation, ordinance, or guideline or otherwise use the Site in a way that breaks any law, regulation, ordinance, or guideline; (12) reduce or break any intellectual property rights in the Site or mess with any copyright protection, copyright management systems, or digital identification devices used with the above; (13) make the Site say bad things about or break the rights of any other person, including intellectual property rights (like any patent, trademark, trade secret, copyright, or other property rights) or rights of publicity or privacy; (14) support, allow, or encourage violence, dangerous acts, or discrimination against people or groups because of their race, ethnic background, religion, disability, gender, age, nationality, veteran status, political ties, or sexual orientation/gender identity or any other protected feature; threaten, harass, or bully anyone; or collect, store, get, process, use, reveal, handle, track, or spread any content or data that does any of the above or is pornographic or obscene; (15) pretend to be someone else or make fake impressions of or fake clicks on ads through any automated, tricky, fake or other invalid ways, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (16) act in a way that's illegal, discriminatory, derogatory, hateful, abusive, racist, fake, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (17) collect, store, get, process, use, reveal, handle, track, or spread any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other harmful 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 network capacity; (19) use the Site in any way that could damage, disable, overload, or break the Site (or servers or networks connected to the Site), nor can you use the Site in any way that could stop other people from enjoying the Site (or servers or networks connected to the Site); (20) harvest, access, or collect information about other Site users or customers of PetSafe Brands; (21) stop or get in the way of anyone else using the Site, including by 'hacking' or defacing any part of it; (22) 'frame' or 'mirror' any part of the Site; (23) use any robot, spider, other automatic device, or manual process, to 'screen scrape,' monitor, 'mine,' or copy any part of the Site; (24) process data for any third party; (25) do anything to get around or beat the security or content usage rules set up 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 keep an eye on 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 website lets ya rate content or leave 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 isn't on the hook for any ratings or reviews, nor for any losses that come from 'em (as defined below). Before ya put up a rating or review, you've gotta have had a recent first-hand go with what you're rating; (2) you can't be making any legal judgements; and (3) your review has to be on the level with the terms of this agreement and all the rules and laws that apply, including the Federal Trade Commission's Guides about using endorsements and testimonials in ads. Any rating or review that we reckon breaks this agreement might be taken down or left out by us without telling ya. You know and agree that you might come across stuff from others that's not right, offensive, not appropriate, or just not what you're after. PetSafe Brands isn't to blame for, and you're letting PetSafe Brands, its mates, and their big shots, officers, workers, and agents off the hook for, any actions by any third parties on the website.

e. Compliance. You're to represent, covenant, and warrant that you'll be always acting in accordance with all the relevant laws and regulations when you're running your business and fulfilling your obligations under this agreement, including, but not limited to, laws about advertising, the Internet, promotions, and business practices. You're agreeing that you'll be using the Site only in a way that's in line with all the applicable laws and regulations.

3. Terms of Sale

a. Order Acceptance. The website is only lookin' for offers to buy goods and isn't an offer to sell. You're agreeing that your order is an offer to buy, under this agreement, all the goods, items, and products (“Products”) or services (“Services”) in the amounts and at the prices listed in your order. We're not bound to sell the Products or Services to you unless we accept the order. We might decide not to accept orders at our own discretion. We'll send you a confirmation email with the details of the Products or Services you've bought after we accept. Your order won't be accepted until we've sent the confirmation email. We'll sell to you, and you'll buy from us, the Products or Services based on the terms and conditions of this agreement. BY PUTTING IN AN ORDER WITH US, YOU'RE CONFIRMING THAT THIS AGREEMENT WILL APPLY TO ALL PURCHASES OF PRODUCTS AND SERVICES. ALL PRODUCTS, SERVICES, AND PRICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU'VE ALREADY PLACED AN ORDER.

b. Payment Terms; Quotes; Interest. Terms of payment are at the sole discretion of PetSafe Brands, and unless otherwise agreed by PetSafe Brands, payment must be received by PetSafe Brands before they'll accept an order. You'll have to pay for the Products and Services, and support using a credit card or another prearranged payment method that PetSafe Brands accepts, unless you've got an agreement in writing from PetSafe Brands for credit terms. When you put in your order, you're confirming that (a) the payment card details you've given us are bang on, (b) you're fully authorised to use the card for the purchase, (c) you're giving us the go-ahead to charge your order to the card you've provided; (d) any charges you rack up will be honoured by your card company, and (e) you'll settle up the charges you've incurred at the prices listed, including any delivery and handling fees and all applicable taxes, if any. If the card (or other payment method) can't be verified, is no good, or isn't acceptable for any other reason, we might have to put your order on hold or cancel it outright. 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 date we get your payment. Invoices need to be paid within the time frame specified on the back of the invoice, starting from the invoice date. PetSafe Brands might bill parts of an order separately. Any quotes given by PetSafe Brands are good for the time period stated on the quote. You agree to cough up interest on any overdue amounts at the highest rate the law will allow. You also agree to cover PetSafe Brands and keep them out of trouble for all taxes, whether they're listed on any invoice for Products sent to you or not.

c. Item Descriptions. Features and specifications of Products and Services described or depicted on the Site are subject to change at any time without notice. The Site refers to Products and/or Services that are generally available in the United States, but mightn't be available in your particular country or area. The mention of any such Products or Services on this Site doesn't imply or guarantee that these Products or Services will be available at any time in your specific area. You should therefore check with your local authorised sales representative 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 mistake on the Site it will be sorted; however, PetSafe Brands reserves the right to withdraw any stated offer and to sort out any errors, misstatements, inaccuracies, or omissions, both before and after an order has been submitted to PetSafe Brands, whether or not the order has been confirmed and whether or not your credit/debit card has been charged. In the event that your credit/debit card has been charged and your order is subsequently cancelled by PetSafe Brands, PetSafe Brands will issue a refund to that account for the amount charged before the cancellation of the order. You understand that PetSafe Brands doesn't control when this refund will show up in your account balance.

e. Shipping. We'll be sorting out the delivery of the bought Products to your gaff at the address you've given in your order. Make sure to have a gander at the Site for specific delivery options. Orders made through the Site depend on whether we have the gear in stock and will be sent according to the shipping terms in this agreement and the shipping terms and charges that are shown on the Site when you buy something. If it happens that your order doesn't show up, we need to be told in writing (that includes email) or on the blower within sixty (60) days from when you got the email telling you it's been shipped. Shipping charges won't be given back unless you paid for faster delivery and it wasn't provided, in which case PetSafe Brands will sort out your account for the difference in cost between the shipping you paid for and the shipping you got. Have a look at our Shipping Policy for more info about your deliveries.

f. Shipping Charges; Taxes. There'll be separate charges for shipping and handling detailed on PetSafe Brands' invoice(s). Unless the Customer gives PetSafe Brands a valid and correct tax exemption cert before PetSafe Brands agrees to the order, the Customer will be on the hook for sales and any other taxes related to the order, no matter what they're called, except for PetSafe Brands' own franchise taxes and taxes on their net income. If it applies, a separate charge for taxes will be shown on PetSafe Brands' invoice.

g. Delivery; Title; Risk of Loss. The risk of loss and the 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 delays in delivery that are outside of PetSafe Brands' reasonable control, including but not limited to, delays caused by not having enough products or parts from PetSafe Brands' suppliers, natural disasters, acts of war, acts or omissions by the Customer, fire, strike, riot, government interference, not having enough materials, labour, telecommunications, fuel or power through the usual commercial channels at fair and reasonable rates, failure or destruction of plant or equipment for any reason at all, transport failures or computer-related transmission failures.

h. Returns Policy. If for any reason you're not entirely happy with your product, you can send it back for a full refund of the purchase price, in line with the terms and conditions laid out in our Returns Policy.

i. Special Types of Orders. Some Products and Services might be sold on a subscription, pre-order, or try-before-you-buy basis. Your purchase of a subscription Product or Service is subject to our Recurring Subscription Policy. When you purchase a pre-ordered Product, you're asking to buy a Product that's out of stock or will soon be available and isn't yet in our inventory. We might take no payment or a partial payment at the time of purchase, and your payment method will be charged the full amount or the remaining balance when the Product is ready to be sent out at a later date. You can cancel a pre-order up until it's sent out, after which our Return Policy will kick in. When you buy a try-before-you-buy Product, you'll have a set amount of time to decide if you're going to keep the Product, as stated on the Site and/or in your order confirmation. After that time has passed, we'll charge your payment method for the full amount unless you've sent back the Product.

j. Exports. The customer agrees and declares that they're purchasing for their own personal use only, and not for the purpose of reselling. The website, products, and services might be subject to export controls or restrictions by the United States or other countries or territories. You're agreeing to abide by all the relevant U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.You're representing and warranting that (1) you're not situated in a country that's under a U.S. Government embargo, or that's been named by the U.S. Government as a 'terrorist supporting' country; and (2) you're not on any U.S. Government list of banned or restricted parties. The customer agrees to defend, indemnify and hold harmless PetSafe Brands for any breach by the customer of any export restrictions.

4. Promotions

a. PetSafe Brands might, at their own discretion, be offering promotional deals with different features and different rates to any or all of our customers. Unless they're made available to you and you use them according to this agreement, these promotional offers won't affect your obligation to pay what you owe. Unless it's stated otherwise, any promotions applied to a purchase will show up at the checkout and will either be taken off (1) the subtotal charged, before tax and fees, as part of the authorised charge to the payment method(s) associated with your account, or (2) if the promotion is directly related to the fees (for example, no service charge), it'll be taken off the fee. Promotions are automatically used for your future orders on the Site. We're keeping the right to decide the order in which promotions are applied to transactions and their priority over other promo codes. We can't promise that the promotions expiring the soonest will be prioritised in all transactions, and you agree to keep an eye on your account regularly to check the status of promotions. PetSafe Brands isn't obliged to offer or redeem any promotion, especially if such promotions aren't available due to an error or technical hitch.

b. PetSafe Brands may regulate, modify, and/or eliminate any promotional credits at their own discretion at any time, without any notice to you. You can't use any promotions on past purchases. In some cases, you mightn't be able to mix promotions with any other promotions or discounts. Some promotions have expiry dates. The expiry date will be shown on the Site. Promotions that have expired are worth nothing. Also, PetSafe Brands doesn't issue or give out promotions after the fact for any reason.

c. PetSafe Brands might show special offers anywhere on the website and will, at their own discretion, pick the offers that'll be available to ye. Offers might be limited to certain products. Offers mightn't be available in all places. Offers might need ya to select the offer on the website, might need ya to put in a promo code to claim the offer, might need ya to add items that qualify to your order, or as otherwise let known to ya on the website.

d. Promotions can only be used by yerself and they're not up for grabs to be shifted to another account. You can't be mixin' promotions from different accounts. Sure, you can't be copying promotions, nor swapping them for cash, and they're not to be thrown out to the public. Promotional credits, they can't ever be turned into real money or used outside of the Site. PetSafe Brands isn't obliged to give you back anything for any promotions you haven't used or any benefits that come with them if your account gets cancelled, suspended or if there's any changes made to a promotion.

e. Additional terms and conditions presented at the time of offering may apply for each to any promotion, and you agree to such terms as set forth on the 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, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the promotion. We may (1) suspend or terminate a promotion, (2) refuse to honour a promotion, and/or (3) withhold or deduct credits or other value obtained, with or without notice, if we, in our sole judgement, determine that you have violated this agreement, engaged in any fraud or abuse relating to the accrual or redemption of promotions, or otherwise acted in a manner inconsistent with the promotion’s intent. Such action may result in the forfeiture of all unredeemed promotions and/or the opportunity to earn and/or redeem additional promotions in the future as well as suspension or termination of your account.

5. Term and Termination

a. Term. This Agreement is effective once you're after accepting it during Registration, and it'll keep going until it's ended according to this agreement (the “Term”).

b. Termination. If you're after breaking this agreement, if we're bound by the law to do so, or if we reckon there's been dodgy dealings through your account that could land any user, a third party, or ourselves in hot water, we can call it quits on this agreement any time we like with or without a heads-up to you by cutting off access to the Site or shutting down your account. You can also pack it in any time by closing your account, getting rid of the mobile app part of the Site, and stopping all use of the Site and our services.

c. Effect of Termination. Upon the termination of this agreement for any reason or no reason, your rights of access and all licenses granted to you will cease, and you must immediately stop 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 hold all the rights, title and interest in and to the Site and Content, except for content provided by you, that might be presented or accessed through the Site, including without limitation all Intellectual Property Rights in them; 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 keep exclusive, valid, and uncontested ownership of the Site and all Intellectual Property Rights in it. Any third-party code that's part of the Site is covered by the relevant open source or third-party license, if any, that allows use of such code. “Intellectual Property Rights” means any and all rights that exist 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 in the future, anywhere in the world.

b. Ideas. You can be suggesting improvements and/or be chatting to us about ideas, inventions, discoveries, or notions (“Ideas”), and it's possible you'll come up with the Ideas together with us. You're agreeing that any such Ideas will be and stay only the property of PetSafe Brands and/or its licensors and they can be using and selling, licensing, or otherwise providing them to third parties, or making them public, in PetSafe Brands’ and/or its licensors’ own way without telling you, giving you credit, paying you royalties, or being liable to you. You're giving over to PetSafe Brands all your rights, title, and interest in any such 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 available on or from the Site are infringing on your copyright, you can ask for those materials (or access to them) to be removed from the Site by sending a written notice to our copyright agent listed below. Following 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”) has to include all of this: (1) your physical or electronic signature; (2) details of the copyrighted work you believe has been infringed or, if the claim involves several works, a list of those works; (3) details of the material you reckon to be infringing in a way that lets us find that material; (4) enough information for us to get in touch with you (including your name, postal address, phone number, and, if possible, email); (5) a statement that you honestly believe the use of the copyrighted material isn't allowed by the copyright owner, their agent, or the law; (6) a statement that the information in the written notice is true; 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 mightn't be effective. PetSafe Brands has a policy of ending, in appropriate circumstances, the accounts of users who are repeat infringers.

d. Privacy. PetSafe Brands will use and disclose your personal information as outlined in this agreement or our Privacy Policy, as required by law or court order, and as needed to provide the Site and our services or to enforce our rights. You're agreeing to the use of your data in line with our privacy policies.

e. You're givin' PetSafe Brands, durin' 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, make audible and/or visible, distribute, display, perform, transmit, and make spin-offs from any information, content, materials, or other data entered durin' Registration or otherwise into the Site (“Data”) to the extent necessary for PetSafe Brands to: (1) provide the Site, and the Content therein, and our Products and services, (2) fulfil our obligations under this agreement, (3) compile analyses and statistical information from Data about how the Site's used or how it's performin' and how users are engagin' with it, (4) provide, monitor, correct, enhance, and improve the Site and perform services related to it, (5) develop new products or services, and (6) carry out other internal business purposes or as described in PetSafe Brands’ Privacy Policy. PetSafe Brands reserves the right to maintain, delete, or destroy all Data and materials posted or uploaded to Site in line with its internal record retention and/or destruction policies.

f. Ye also give PetSafe Brands a non-exclusive, transferable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and licence to de-identify or aggregate Data so there's no reasonable basis to believe that the information can be used, on its own or with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”). Ye 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 ye 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're sayin' and promisin' that you own or have the full right and power, and will keep on havin' the right and power, to give PetSafe Brands the permissions laid out here. You're in charge of all your Data, and you're sayin' and promisin' that your Data won't be breakin' the terms of this agreement. If any of your Data goes against this agreement, or is not right by our thinkin', we have the full say, on our own and without lettin' you know, (1) to change, delete or get rid of, all or part of your Data, (2) to stop or suspend gettin' into the Site, and/or (3) to stop or suspend your account, and we might not tell you. PetSafe Brands will work with the local, state, and/or national authorities as much as the law needs when it comes to your Data. You have to protect, defend, and keep PetSafe Brands, its mates, and their directors, officers, workers, and agents safe from any Loss (as explained later) that comes up 'cause someone else says you broke the promises you made earlier.

7. Indemnity. To the full extent allowed by the law, you're agreeing to defend, indemnify and hold PetSafe Brands, its licensors, their affiliates, and all of their respective directors, officers, employees and agents harmless against any and all Losses that come about from, are related to, or accrue from (1) your use of the Site or Products gotten through your use of the Site; or (2) your breach of this agreement by you or your agents; or (3) use of your account for the Site. This obligation will keep going even after the end of this agreement. For the purpose of this agreement, “Loss” is all about the losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including the 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 be covered by certain limited guarantees as outlined in this Section (for that product, a “Limited Warranty”). You'll find this Limited Warranty in the documents we give you with the Products. If the documentation for the Product you bought includes any extra guarantees (for that product, an “Individual Product Warranty”) that are at odds with the Limited Warranty, then the Individual Product Warranty will take precedence.

ii. Limited Warranty.

This warranty gives you specific legal rights, and you might have other rights that differ from state to state.

We guarantee that during the guarantee period, the products bought from the site will be sound in materials and craftsmanship. Our liability for faulty products is limited to fix, replacement or refund as detailed in this warranty statement and as explained in our warranty information.

b. Page.

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 fully understand and agree that it's entirely your own choice to use the site and you're taking a risk doing so. The site is provided 'as is' and 'as available', with no kind of warranty.

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

iv. The site isn't meant for use in any activities where the site's failure could result in death, personal injury, or serious physical or environmental harm.

v. Owing to the constant development of new ways to be intruding on and attacking networks, PetSafe Brands can't guarantee that the Site, or any gear, system, or network where it's used or accessed, will be immune to vulnerabilities to intrusion or attack that leads to your inability to use the Site or the unauthorised spilling or compromising of your information on the Site.

PetSafe Brands can't be guaranteeing or warranting that the website or files up for download from the internet or the website will be free of viruses or other destructive code. 'Tis your own responsibility to be putting in place enough procedures and checkpoints to meet your own needs for anti-virus protection and the accuracy of data going in and out, and for keeping a way outside of the website for getting back any data you might lose.

vii. We might, at our own behest, change, put on hold, or stop at any time, with or without heads up, the Site or bits of it, including but not restricted to the Site’s features, appearance, and functional bits and bobs 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 won't let ya exclude certain guarantees, so a few of the disclaimers above mightn't apply to ya. Insofar as the law allows, if it doesn't permit such a disclaimer of warranty, the extent and length of such warranty will be the bare minimum allowed under that law.

9. LIMITATION OF LIABILITY AND REMEDIES

a. Neither PetSafe brands nor its licensors will be liable to you (nor to anyone claiming rights arising from your rights) under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or any other way, for any: (i) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (ii) increased costs, loss 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 will PetSafe Brands' or its licensors' total 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 all claims at any time 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 you paid for products during the 12 months before 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. Certain areas won't let the limitation or exclusion of responsibility for incidental or consequential damages, so the limitations mentioned above mightn't apply to you. Where the law in place doesn't allow for such a limitation of liability, the extent of that liability will be the least allowed under such law.

d. Any cause of action or claim you might have in relation to the Site must be started within one year after it comes up, except where such a limitation isn't allowed. To the greatest extent that the law allows, each party to this agreement is giving up their right to a jury trial for any dispute or other controversy that comes out of this or your use of or getting onto 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 license contained in this agreement and for providing you with access to the site.

10. Dispute Resolution

a. Governing Law. This agreement and your dealings with PetSafe Brands under this agreement will be governed by, and interpreted and enforced in accordance with, the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. For any issue not obliged to be settled by binding arbitration as per this Section 10, you and PetSafe Brands agree to submit exclusively to the jurisdiction of the state and federal courts in Knox County, Tennessee, for the resolution of any legal matters arising from this agreement. Nonetheless, you agree that PetSafe Brands will still be entitled to seek injunctive relief (or a similar type of urgent legal action) in any jurisdiction. We reserve the right to pursue all legal remedies available for breaches of the agreement, including but not limited to, the right to restrict access to the Site from a specific account, device, and/or IP address.

b. Arbitration.

i. Yerself and PetSafe Brands agree that any row, claim or bother comin' out of or in connection with this agreement or the breakin', endin', enforcement, interpretin' or validity of it, or to the usin' of the Site, Products, or Services (altogether, “Disputes”) will be sorted by bindin' arbitration, except that each party keeps the right to look for injunctive or other fair relief in a court of competent jurisdiction to prevent the actual or threatened pinchin', nickin' or breakin' of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and PetSafe Brands are both givin' up the right to a trial by jury or to be part of as a plaintiff or class member in any supposed class action or representative proceeding. Moreover, unless both you and PetSafe Brands agree otherwise in writin', the arbitrator can't lump together more than one person’s claims and can't be over any sort of any class or representative proceeding. If this specific paragraph is found to be a load of codswallop, then the whole of this “Arbitration” bit will be seen as null and void. Except as provided in the sentence before, this “Dispute Resolution” bit will keep goin' even if this agreement is finished.

ii. Arbitration Rules and Governing Law. The arbitration will be run by the American Arbitration Association (“AAA”) in line with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) that are in place at the time, except as changed by this “Dispute Resolution” section. (The AAA Rules are up for grabs at www.adr.org or by giving the AAA a bell at 1-800-778-7879.) The Federal Arbitration Act will be the boss of how this section is understood and enforced.

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

iv. Location and Procedure of Arbitration. Unless you and PetSafe Brands agree otherwise, the arbitration will take place in Knox County, Tennessee. If your claim is for less than $10,000, then the arbitration will be based solely on the documents that you and PetSafe Brands provide to the arbitrator, unless you ask for a hearing or the arbitrator reckons a hearing is needed. If your claim is more than $10,000, whether you're entitled to a hearing will be decided by the AAA Rules. In line with the AAA Rules, the arbitrator can decide on a fair swap of information between the parties, making sure it fits with the swift nature of the arbitration.

v. Arbitrator's Decision. The arbitrator will make a decision within the time 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. A court that has the power to do so can enforce the arbitration award. The damages that the arbitrator awards must be in line with the 'Limitation of Liability and Remedies' section above, in terms of the types and amounts of damages that a party can be held responsible for. The arbitrator can only give declaratory or injunctive relief to the claimant and only as much as needed to sort out the claimant's own case. The winning side will be entitled to their legal fees and costs, as far as the law allows.

vi. Fees. It's your own responsibility to cover any AAA filing, administrative, and arbitrator fees as outlined in the AAA Rules. However, if your claim for damages doesn't go beyond $75,000, PetSafe Brands will handle all those fees unless the arbitrator decides that the substance of your claim or the relief you're after in your Demand for Arbitration was without merit or was made with the wrong intentions (judged by the standards in the Federal Rule of Civil Procedure 11(b)).

vii. Amendments. Notwithstanding the clauses about altering this agreement, if PetSafe Brands tweaks this 'Dispute Resolution' part after the day you first agreed to this agreement (or nodded to any changes after that), you can give out to us about such change by sending a written notice (email will do as well) within 30 days from when the change came into effect, as shown in the 'Last Updated Date' above or on the date we sent you an email to tell you about the change. By saying no to any change, you're agreeing that you'll sort any row between you and PetSafe Brands through arbitration following the rules of this 'Dispute Resolution' part as they were on the day you first agreed to this agreement (or agreed to any changes that came later).

11. Linking to the Site and Social Media Features

a. You can link to the homepage of the Site, so long as it's done fair and square, and within the law; however, you're not to set up a link that might hint at any sort of tie-up, nod, or backing from PetSafe Brands without our clear written okay.

b. This Site might let ya use some social media features that let you: (a) link from your own or certain third-party websites to specific content on this Site; (b) send emails or other messages with certain content, or links to certain content, on this Site; and/or (c) have a bit of the content on this Site show up or seem to show up on your own or certain third-party websites. You can only use these features as they're given by PetSafe Brands and only with the content they're shown with. Mindin' that, you mustn't: (a) start a link from any website you don't own; (b) make the Site or bits of it show up, or look like they show up, on any other site by, say, framing, deep linking or in-line linking; (c) link to any part of the Site except the homepage; or (d) do anything else with the materials on the Site that doesn't fit with any other part of this agreement.

c. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. PetSafe Brands reserves the right to withdraw linking permission without notice. PetSafe Brands may disable all or any social media features or any links at any time without notice in its discretion.

12. Links from the Site; Third Parties

a. The Site might have links to other Internet sites with their own terms and privacy policies. These links are just for your handiness. Your use of them sites is bound by the terms of use, if they have any, that each site has put up. PetSafe Brands hasn't a whit of control over the content of them sites or resources, and we're not taking any responsibility for them or for any loss or harm that might come about from your use of them. If you make up your mind to go to any of the third-party websites linked to this Site, you're doing that on your own bat and you'll be subject to the terms and conditions of use for them websites. PetSafe Brands' including any content isn't a nod to that material or linked site or the companies that own or run the material or linked sites.

b. The Site might also have content that's been given by other parties. Any statements or opinions that are in these materials, and all the stuff that's not from PetSafe Brands themselves, are completely the views and the responsibility of the person or crowd that provided them materials. These materials don't necessarily be showing what PetSafe Brands thinks. PetSafe Brands isn't responsible, nor is it liable to you or anyone else, for the content or how right any materials are that third parties have provided.

13. Miscellaneous

a. This agreement, including the Privacy Policy mentioned above, is the whole agreement between you and PetSafe Brands regarding the Site and your use of the Site and buying of Products. No earlier or at the same time representations, inducements, promises, or agreements, spoken or otherwise, between the parties about it will stand. Each party represents and warrants that, in entering into and performing its obligations under this agreement, it doesn't and won't be relying on any promise, inducement, or representation supposedly made by or on behalf of the other party regarding the subject matter of this, nor on any sort of dealings or the way things are done in the trade, except as such promise, inducement, or representation is clearly laid out here.

b. The failure of PetSafe Brands to exercise or enforce any right or provision of this agreement doesn't amount to 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 seen as a waiver of any ongoing or subsequent 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 can't be enforced by a court or another authority that's proper, then (1) the rest of the agreement that hasn't been found invalid or unenforceable won't be affected; (2) the court's decision will only apply within the area of authority of the court or body that made the decision; (3) the part of the agreement that's not valid or can't be enforced will be considered to be changed, and the court or body has the power to make changes to the part, just enough to make it valid and enforceable, in a way that reflects what both parties intended; and (4) if the decision or the main principle of law or fairness that led to the decision is later overturned, changed, or updated by a new law, court decision, or government action, then the original part of the agreement will be considered valid and enforceable to the fullest extent that the new main principle of law or fairness allows.

d. This agreement will be binding upon and will benefit the parties and their successors and assigns. PetSafe Brands may freely transfer, assign, or delegate all or any part of this agreement and any rights or duties hereunder. You may not assign this agreement or any of the rights or licenses granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.

e. PetSafe Brands won't be held responsible for not being able to carry out its duties under this agreement if such failure comes about, directly or indirectly, due to reasons well outside its own control, like acts of God, terrorist or criminal actions, government actions, whether they're at home or abroad, changes in any laws or regulations, fires, floods, explosions, outbreaks of disease, widespread illnesses, disruptions in communications, electricity, or other services, strikes or other labour issues, riots, or not being able to get supplies.

f. Except as expressly stated otherwise, no changes or amendments to this agreement will be considered valid or binding unless they're in writing and properly signed by the party or parties involved, including by clicking a button to accept such changes when prompted. We reserve the right to update, revise, supplement, and otherwise alter this agreement at any time, and to introduce new or additional rules, policies, terms, or conditions, with or without giving you a heads up and for any reason. These updates, revisions, supplements, changes, and additional rules, policies, terms, and conditions (all together known as “Revised Terms” in this agreement) will take effect straight away and become part of this agreement once we publish them on the Site, which we can do in any way we see fit, including by posting on the Site. You acknowledge and agree that if you keep using the Site after these changes, it'll be taken as your clear acceptance of all such Revised Terms. All Revised Terms are included in, and become a part of, this agreement by this reference.

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

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 about indemnification, post-termination procedures, and any other provision that, by its nature, is meant to continue beyond the end of this agreement will remain in effect after any termination or expiry of this agreement.

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