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 represent that you have the full legal authority to enter this agreement and you acknowledge your agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, do not use or register for the Site.

This agreement between you (“Customer,” “you,” “your”) and Radio Systems Corporation trading as PetSafe Brands sets forth the terms applicable 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 trading as PetSafe Brands or its affiliates (collectively, "PetSafe Brands," "we," "us" or "our") via the Site. If you visit the Site on behalf of, or as an agent for, another person or entity, then 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 may be offered the chance to register for use of the Site through an account registration process (this process and the information provided during it, as amended from time to time in accordance with this agreement, the “Registration”). You confirm that the information given in the Registration is true, accurate, and complete, and you agree to update the Registration should any of that information change. The Registration is hereby incorporated into and forms part of this agreement. Notwithstanding any additional acknowledgement of this agreement (including via clicks or other electronic means), each subsequent use of the Site is governed by this agreement and does not constitute a new or separate contract; provided, however, when an amended version of this agreement is presented for acceptance, acceptance of the amended version of this agreement (including via a click or other electronic means) will modify this agreement.

2. Use of Site

a. Account; Minimum Age. You may only create and hold a single account for the Site for your personal, non-commercial use and access. You must be at least 18 years of age to use, or create an account for use of, the Site. If you are a minor in the jurisdiction where you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Site, and your parent or legal guardian must read and agree to this agreement before you utilise the Site. Notwithstanding the foregoing, you are not authorised to use the Site if you are under the age of 13. If we acquire actual knowledge, or are informed by a third-party individual or entity, that you are under the age of 13, or that you are below the age of 18 and did not receive the proper permission as prescribed herein, your use of and access to the Site will be immediately terminated.

b. Devices. To use the site, you must have a compatible device, and we do not guarantee that the site will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining all the equipment, items, and additional services required to access and use the site. Use of the site requires internet access or mobile data, which may result in additional costs or charges. As the site is accessible via the internet, it is offered 'as is', with all the inherent risks of such access. By connecting to the site, you acknowledge and accept the risks associated with public access to the internet and public use of an unsecured wireless network. You are responsible for all costs and charges incurred in relation to accessing the site.

UserID and Password. You shall maintain and cause to be maintained the confidentiality of your account information, including your user ID and password. You may not provide your account information to anyone else or allow anyone else to access the Site using your account information. You may not permit any other individual or entity to use, access, or view the Site via your account. You must keep your password strictly confidential.

c. Prohibitions. You must not, directly or indirectly, engage in, nor authorise any person or entity to engage in, any of the following: (1) use or disclose the Site for any purpose or in any manner not expressly permitted by this agreement or otherwise in breach of its terms; (2) make any copies or prints, or otherwise reproduce or print, any part of the Site, whether in printed or electronic form; (3) distribute, republish, download, display, post, disclose, or transmit any part of the Site; (4) create or recreate the source code for, or reverse engineer, decompile, or disassemble the Site or otherwise attempt to uncover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Site or any software, documentation, content, or data related to the Site; (5) modify, adapt, translate, or create derivative works from or based upon any part of the Site, or combine or merge any part of the foregoing with or into any other software, document, or work; (6) refer to or otherwise use any part of the Site as part of any effort to develop a product or service with any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (7) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the Site, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (8) fail to maintain all copyright and other proprietary notices on any copies of any part of the Site made by you or on your behalf; (9) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to use or possess any part of the Site without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such covenants and warranties as we, in our sole discretion, deem necessary); (10) use the Site to gain or attempt to gain unauthorised access to any software applications, computer systems, or data not expressly permitted under this agreement; (11) use the Site to access, store, receive, transfer, transmit, distribute, or process any information in violation of any applicable law, regulation, ordinance, or guideline or otherwise use the Site in breach of any applicable law, regulation, ordinance, or guideline; (12) diminish or infringe any intellectual property rights in and to the Site or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed in association with the foregoing; (13) cause the Site to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (14) promote, condone, or incite violence, dangerous acts, or discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic; threaten, harass, or bully any person; or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (15) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents, or other automated query tools and/or computer generated search requests, and/or the unauthorised use of other search engine optimisation services and/or software; (16) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libellous, obscene, unlawful, harassing, violent, or threatening; (17) collect, store, receive, process, use, disclose, manipulate, track, or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (18) use any device, software, methodology, or routine to interfere with or disrupt the Site or the servers or networks connected to the Site by trespass or burdening network capacity; (19) use the Site in any manner that could damage, disable, overburden, or impair the Site (or servers or networks connected to the Site), nor may you use the Site in any manner that could interfere with any other party’s use and enjoyment of 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) restrict or inhibit any other person from using the Site, including without limitation by means of 'hacking' or defacing any part thereof; (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 on behalf of any third party; (25) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; or (26) attempt to do or assist any party in attempting to do any of the foregoing. Although we have no obligation to monitor the use of the Site, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this agreement.

d. Reviews. The Site may offer you the opportunity to rate content or post reviews. Reviews and ratings are not endorsed by PetSafe Brands, and do not represent the opinions of PetSafe Brands or any of its affiliates or partners. PetSafe Brands accepts no liability for any reviews or ratings or for any Losses (as defined below) that may result from any reviews and ratings. Before you post a review or rating, you must have recent direct experience with the content being reviewed; (2) you must not draw legal conclusions; and (3) your review must also comply with the terms of this agreement and all applicable laws, regulations, and rules, including the Federal Trade Commission's Guidelines on the Use of Endorsements and Testimonials in Advertising. Any review and/or rating that we determine to be in violation of this agreement may be removed or excluded by us without notice. You acknowledge and agree that you may be exposed to third-party content that is inaccurate, offensive, inappropriate, or otherwise unsuitable for your purpose. PetSafe Brands is not responsible for, and you hereby expressly release PetSafe Brands, its affiliates, and their respective directors, officers, employees, and agents from, any and all liability for the actions of any and all third parties on the Site.

e. Compliance. You represent, covenant, and warrant that you will at all times comply with all applicable laws and regulations in the conduct of your business and in the performance of your obligations under this agreement, including, without limitation, laws relating to advertising, the Internet, promotions, and business practices. You agree that you will use the Site only in a manner that complies with all applicable laws and regulations.

3. Terms of Sale

a. Order Acceptance. The Site only solicits offers to purchase goods and is not an offer to sell. You agree that your order constitutes an offer to buy, under this agreement, all goods, items, and products (“Products”) or services (“Services”) in the quantities and at the prices indicated in the order. We are not obliged 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. After accepting, we will send you a confirmation email detailing the Products or Services you have purchased. Your order will not be considered accepted until we send the confirmation email. We shall sell to you, and you shall purchase from us, the Products or Services in accordance with the terms and conditions of this agreement. BY SUBMITTING AN ORDER TO US, YOU ACKNOWLEDGE THAT THIS AGREEMENT SHALL REGULATE 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 HAVE ALREADY PLACED AN ORDER.

b. Payment Terms; Quotes; Interest. The 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 accept an order. Payment for the products and services, as well as support, must be made by credit card or another prearranged payment method accepted by PetSafe Brands, unless credit terms have been agreed in writing by PetSafe Brands. By placing your order, you declare and guarantee that (a) the payment card details you provide are true, accurate, and complete, (b) you are duly authorised to use such a payment card for the purchase, (c) you authorise us to charge your order to the provided payment card, (d) charges incurred by you will be honoured by your payment card company, and (e) you will pay charges incurred by you at the advertised prices, including any shipping and handling charges and all applicable taxes, if any. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Products, services, and pricing information may change without notice. The final pricing on your order is effective on the date that payment for the order is received. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. PetSafe Brands may invoice parts of an order separately. Any quotes provided by PetSafe Brands are valid for the period stated on the quote. The customer agrees to pay interest on all overdue amounts at the highest rate permitted by law. The customer shall indemnify and keep PetSafe Brands indemnified from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for products shipped to the customer.

c. Item Descriptions. Features and specifications of products and services described or depicted on the website are subject to change at any time without notice. The website refers to products and/or services that are generally available in the United States, but may not be available in your specific country or area. The mention of any such products or services on this website does not imply or warrant 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 an error on the Site it will be corrected; however, PetSafe Brands reserves the right to revoke any stated offer and to correct any errors, inaccuracies, misstatements, 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 credit to that account in the amount charged prior to the cancellation of the order. You understand that PetSafe Brands does not control when this credit will be reflected on your account balance.

e. Shipping. We shall arrange for the dispatch of purchased Products to you at the address specified in your order. Please check the Site for specific delivery options. Orders placed through the Site are subject to product availability and will be sent out in accordance with the shipping terms contained in this agreement and the shipping terms and charges presented on the Site at the time of purchase. In the unlikely event that your order never arrives, we must receive notification in writing (including email) or by phone within sixty (60) days of the shipping notification email that you received. Shipping charges are not refundable except where expedited delivery was purchased but not provided, in which case PetSafe Brands will credit the account for the difference in cost between the delivery purchased and the delivery provided. Please see our Shipping Policy for more information about your shipments.

f. Delivery Charges; Taxes. Separate charges for delivery and handling will be itemised on PetSafe Brands' invoice(s). Unless the Customer provides PetSafe Brands with a valid and correct tax exemption certificate applicable to the product's delivery location prior to PetSafe Brands' acceptance of the order, the Customer is liable for sales and all other taxes associated with the order, however designated, except for PetSafe Brands' franchise taxes and taxes on PetSafe Brands' net income. If applicable, a separate charge for taxes will be itemised on PetSafe Brands' invoice.

g. Delivery; Title; Risk of Loss. The risk of loss and title to Products passes from PetSafe Brands to the Customer upon shipment from PetSafe Brands' facility. PetSafe Brands shall not be liable for any delays in delivery that are beyond PetSafe Brands' 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 customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related transmission failures.

h. Returns Policy. If for any reason you are not completely satisfied with your product, you may return it for a full refund of the purchase price, subject to the terms as described in our Returns Policy.

i. Special Types of Orders. Some products and services may be available on a subscription, pre-order, or try-before-you-buy basis. Your purchase of a subscription product or service is governed by our Recurring Subscription Policy. When you place a pre-order for a product, you're indicating your interest in purchasing an item that is either currently out of stock or about to be released and is not yet in our inventory. We may take no payment or a partial payment at the time of the order, and your payment method will be charged for the full or remaining amount upon dispatch at a later date. You have the right to cancel a pre-order up until the point of dispatch, after which our Returns Policy will come into effect. When you choose a try-before-you-buy product, you'll be given a specified period to decide if you want to keep the item, as detailed on the website and/or in your order confirmation. After this period has elapsed, we will process the full charge to your payment method unless you have returned the product within the allotted time.

j. Exports. The customer agrees and declares that they are purchasing for their own personal use only, and not for the purpose of resale. The Site, Products, and Services may be subject to export controls or restrictions by the United States or other countries or territories. You agree to abide by 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 are not located in a country that is under a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. The customer agrees to defend, indemnify and hold harmless PetSafe Brands from any breach by the customer of any export restrictions.

4. Promotions

a. PetSafe Brands may, at its sole discretion, offer promotional deals with varying features and rates to any or all of our customers. Unless they are made available to you and used in accordance with this agreement, these promotional offers will not affect your obligation to pay the amounts due. Unless specified otherwise, promotions applied to a purchase will be shown at checkout and will be deducted from either (1) the subtotal charged, before tax and fees, as part of the authorised charge to the payment instrument(s) associated with your account, or (2) if the promotion is directly related to the fees (e.g., no service charge), deducted from the fee. Promotions are automatically applied to your future orders through the Site. We reserve the right to decide the order in which promotions are applied to transactions and their precedence over other promotional codes. We cannot guarantee that promotions with the earliest expiration dates will be prioritised in all transactions, and you agree to regularly check your account to confirm the status of promotions. PetSafe Brands is under no obligation to offer or redeem any promotion, including if such promotions are not available due to an error or technical failure.

b. PetSafe Brands may at its sole discretion regulate, modify, and/or remove promotional credits at any time, with or without notice to you. You cannot use promotions on previous purchases. In some cases, it may not be possible to combine promotions with other offers or discounts. Some promotions have an expiry date. The expiry date is displayed on the website. Expired promotions have no value. Furthermore, PetSafe Brands does not issue or award retrospective promotions for any reason.

c. PetSafe Brands may display promotions anywhere on the Site and will, at its sole discretion, select the promotions that are available to you. Promotions may be limited to select products. Promotions may not be available in all locations. Promotions may require you to select the promotion on the Site, require you to enter a promotional code in order to redeem the promotion, require you to add qualifying items to your order, or as otherwise communicated to you on the Site.

d. Promotions may only be redeemed by you and are not transferable to another account. Promotions from separate accounts cannot be combined. Promotions cannot be duplicated, cannot be exchanged or redeemed for cash, and cannot be made available to the general public. Promotional credits may never be redeemed or exchanged for real money or used outside of the Site. PetSafe Brands has no obligation to refund you for any unredeemed promotions or any associated benefits following cancellation, suspension or modification of any promotion or your account.

e. Additional terms and conditions presented at the time of offering may apply 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, 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 upon your acceptance of it during the Registration, and it shall continue in effect until terminated in accordance with this agreement (the “Term”).

b. Termination. If you breach this agreement, if we are required to do so by applicable law, or if we reasonably believe that there has been conduct via your account that creates or could create liability or harm to any user, a third party, or us, we may terminate this agreement at any time with or without notice to you by disabling access to the Site or closing your account. You may terminate this agreement at any time by closing your account, uninstalling the mobile application component of the Site, and ceasing 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 is 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 thereof (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 therein and thereto; and (3) you do not acquire any ownership rights in or to the Site or Content through this agreement or by use of the Site. PetSafe Brands and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the Site and all Intellectual Property Rights therein. Any third-party code that may be incorporated in the Site is covered by the applicable open source or third-party licence, if any, authorising use of such code. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

b. Ideas. You may suggest improvements and/or communicate to us ideas, inventions, discoveries, or concepts (“Ideas”), and you may discover or create the Ideas jointly with us. You agree that any such Ideas shall be and remain solely the property of PetSafe Brands and/or its licensors and may be used and sold, licensed, or otherwise provided by PetSafe Brands and/or its licensors to third parties, or published or otherwise publicly disclosed, in PetSafe Brands’ and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to PetSafe Brands any and all of your right, title, and interest in and to any such Ideas.

c. DMCA. PetSafe Brands respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the written notice is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: PetSafe Brands Corporation, Attn: DMCA Agent, 10427 PetSafe Way, Knoxville, TN 37932, legal@petsafe.net. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. PetSafe Brands has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

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 grant to PetSafe Brands, during and after the Term, a non-exclusive, transferable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid right and licence to use, copy, encode, store, archive, translate, convert into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from all information, content, materials or other data entered during Registration or otherwise on the Site (“Data”) as necessary for PetSafe Brands to: (1) provide the Site and its content, and our Products and services, (2) fulfil our obligations under this agreement, (3) collect analyses and statistical information from Data about the use or performance of the Site and user engagement, (4) supply, monitor, correct, enhance and improve the Site and related services, (5) develop new products or services, and (6) achieve other internal business purposes or as described in PetSafe Brands’ Privacy Policy. PetSafe Brands reserves the right to retain, remove, or destroy all Data and materials posted or uploaded to the Site in accordance with its internal data 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 declare and warrant that you are the owner or have the legal right and authority, and will continue to maintain or enforce, to grant PetSafe Brands the licences set out herein. You are responsible for all of your Data, and you declare and warrant that your Data will not breach the terms of this agreement. Should any of your Data breach this agreement, or in our judgement be inappropriate, we reserve the right, at our sole discretion and without notice to you, (1) to modify, remove or delete your Data in whole or in part, (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 third-party claim regarding a breach of the foregoing declarations and warranties.

7. Indemnity. To the greatest extent allowed by law, you agree to defend, indemnify and hold harmless PetSafe Brands, its licensors, their affiliates, and all of their respective directors, officers, employees and agents from and against any and all Losses arising out of, related to, or accruing 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 agents; or (3) use of your account for the Site. This obligation will continue beyond the termination of this agreement. For the purposes of this agreement, “Loss” refers to all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).

8. Guarantees; Disclaimers

a. Products.

i. Products you purchase may be subject to certain limited warranties as set out in this Section (with respect to such a product, a “Limited Warranty”). This Limited Warranty can also be found in the documentation we provide with the Products. In the event your purchased Product documentation contains any additional warranties (with respect to such a Product, a “Individual Product Warranty”) that conflict with the Limited Warranty, then the Individual Product Warranty shall prevail.

ii. Limited Warranty.

This guarantee 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 purchased from the site will be free from defects in materials and workmanship. Our liability for defective products is limited to repair, replacement or refund as detailed in this warranty statement and as explained in our warranty information.

b. Site.

i. The site and services provided or to be provided under this agreement are supplied 'as is' and 'as available', with all faults, and you assume the full 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 (whether express or implied, oral or written) regarding the site or any part thereof, and any services provided by PetSafe Brands, including any and all implied warranties or conditions of title, non-infringement, merchantability, quality, or fitness or suitability for any particular purpose (whether or not PetSafe Brands is aware, has reason to be aware, has been advised, or indeed is actually aware of any such purpose), irrespective of whether it is claimed 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 expressly understand and agree that your use of the site is at your sole discretion and risk and that the site is provided 'as is' and as available without warranty of any kind.

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

iv. The website is not intended for use in activities where an error on the website could result in death, personal injury or severe physical or environmental damage.

Owing to the constant development of new methods for intruding on and attacking networks, PetSafe Brands cannot guarantee that the Site, or any equipment, system, or network used or accessed through it, will be immune to vulnerabilities to intrusion or attack that may result in your inability to use the Site or the unauthorised disclosure or compromise of your information within the Site.

vi. PetSafe Brands cannot and does not 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 are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

vii. We may, at our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Site or parts thereof, including but not limited to the Site’s features, appearance, and functional elements and related services.

viii. Although the Site may contain links that provide direct access to third-party websites as a convenience, the inclusion of a link does not imply, nor does it mean, an endorsement of the linked site by PetSafe Brands. PetSafe Brands accepts no responsibility for the availability or accuracy of content or information on those other sites, and does not exercise editorial or any other control over those other sites. PetSafe Brands accepts no responsibility for the privacy policies and practices of these third-party links.

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

9. Limitation of Liability and Remedies

a. Neither PetSafe brands nor its licensors shall be liable to you (nor to any person claiming rights derived from your rights) under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (i) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (ii) increased costs, diminution in value or lost business, production, revenues, or profits; (iii) loss of goodwill or reputation; (iv) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; or (v) cost of replacement goods or services, in each case regardless of whether PetSafe brands was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.

b. In no event shall PetSafe Brands’ or its licensors’ aggregate liability to you (including liability to any person or persons whose claim or claims are based on or derived from a right or rights claimed by or through you), with respect to any and all claims at any and all times arising from or related to the subject matter of this agreement (including without limitation the 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 do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations above may not apply to you. To the extent applicable law does not permit such limitation of liability, the extent of such liability shall be the minimum permitted under such applicable law.

d. Any legal action or claim you may have with respect to the Site must be commenced within one year after the claim arises, except where such limitation is not enforceable. To the extent permitted by law, each party to this agreement waives any right to jury trial in respect of any dispute or other controversy arising from or related to this agreement or 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 material inducement 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. Applicable Law. This agreement and your relationship with PetSafe Brands under this agreement shall be governed by and construed and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of laws provisions. For any matter not required to be resolved through binding arbitration according to this Section 10, you and PetSafe Brands agree to submit to the exclusive jurisdiction of the state and federal courts located within Knox County, Tennessee, to resolve any legal dispute arising from this agreement. Notwithstanding the foregoing, you agree that PetSafe Brands still has the right to seek injunctive relief (or an equivalent type of urgent legal assistance) in any jurisdiction. We reserve the right to use all available legal remedies, both under the law and in equity, for violations of the agreement, including, without limitation, the right to block access to the Site from a specific 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') shall be resolved by binding arbitration, except that either party retains the right to seek a preliminary or other equitable relief in a competent court to prevent the actual or threatened infringement, misuse, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights of a party. You acknowledge and agree that you and PetSafe Brands waive the right to a jury trial or to participate as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, unless you and PetSafe Brands agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a collective or representative proceeding. If this specific paragraph is found to be unenforceable, then the entire 'Arbitration' section will be deemed void. Except as provided in the preceding sentence, this 'Dispute Resolution' section shall survive any termination of this agreement.

ii. Arbitration Rules and Governing Law. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) as in force at the time, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA on 0800 778 7879.) The Federal Arbitration Act shall govern the interpretation and enforcement of this section.

iii. Arbitration Process. A party who wishes to initiate arbitration must provide the other party with a written Demand for Arbitration as specified 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 practise law in the state of Tennessee and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

iv. Arbitration Location and Procedure. Unless you and PetSafe Brands otherwise agree, the arbitration shall be conducted in Knox County, Tennessee. Should your claim not exceed $10,000, then the arbitration shall be conducted solely on the basis of documents you and PetSafe Brands submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Should your claim exceed $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

v. Decision of the arbitrator. The arbitrator shall make a ruling within the time frame specified in the AAA rules. The arbitrator's decision shall include the essential findings and conclusions upon which the arbitrator based the ruling. Judgement on the arbitral award may be entered in any court having jurisdiction over it. The damages awarded by the arbitrator must be consistent with the terms of the 'Limitation of Liability and Remedies' section above, in terms of the types and amounts of damages for which a party may be held liable. The arbitrator may only issue a declaratory or prohibitory ruling in favour of the claimant and only to the extent necessary to provide relief justified by the claimant's individual claim. The prevailing party is entitled to an award of attorney's fees and expenses, to the extent that this is provided for under applicable law.

vi. Fees. It is your responsibility to pay any AAA filing, administrative, and arbitrator fees as explicitly outlined in the AAA Rules. However, should your claim for damages not exceed £75,000, PetSafe Brands will cover all such fees unless the arbitrator determines that the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or pursued for an improper purpose, as defined by the standards in the Federal Rule of Civil Procedure 11(b).

vii. Changes. Notwithstanding the provisions concerning modification of this agreement, if PetSafe Brands amends this 'Dispute Resolution' section after the date you first agreed to this agreement (or agreed to any subsequent amendments to this agreement), you have the right to reject any such amendment by sending us written notice (including by email) within 30 days of the date such amendment became effective, as indicated in the 'Last Updated Date' above or in the date of our email to you notifying you of such amendment. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PetSafe Brands in accordance with the provisions of this 'Dispute Resolution' section as of the date you first agreed to this agreement (or agreed to any subsequent amendments to this agreement).

11. Linking to the Site and Social Media Features

a. You may link to the Site’s homepage, provided you do so in a way that is fair and legal; however, you must not establish a link in such a manner as to suggest any form of association, approval, or endorsement on PetSafe Brands’ part without our express written consent.

b. This site may offer 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 certain content, or links to certain content, on this site; and/or (c) display limited portions of the content on this site or make it appear as though it is displayed on your own or certain third-party websites. You may only use these features as they are provided by PetSafe Brands and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: (a) establish a link from a website that is not managed by you; (b) display the site or parts thereof, or make it appear as though it is displayed, for example, by framing, deep linking or in-line linking, on another site; (c) link to any part of the site other than the homepage; or (d) otherwise take any action with respect to the materials on the site that is in conflict with any other provision of this agreement.

c. You agree to cooperate with us in causing any unauthorised 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 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 your 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 may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by PetSafe Brands, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect PetSafe Brands’ opinion. PetSafe Brands is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Miscellaneous

a. This agreement, including the aforementioned Privacy Policy, constitutes the entire agreement between you and PetSafe Brands concerning the Site and your use of the Site and purchase of Products. No previous or simultaneous representations, inducements, promises, or agreements, whether spoken or written, between the parties regarding this matter shall have any effect. Each party represents and warrants that, in entering into and fulfilling its obligations under this agreement, it does not and will not rely on any promise, inducement, or representation purportedly made by or on behalf of the other party in relation to the subject matter of this agreement, nor on any course of dealing or custom and practice in the trade, except where such promise, inducement, or representation is explicitly stated herein.

b. The failure or delay by PetSafe Brands in exercising or enforcing any right or provision of this agreement shall not constitute a waiver of that right or provision, which will still be available to PetSafe Brands. Any waiver of a breach of this agreement by PetSafe Brands shall not be considered as a waiver of any ongoing or subsequent breach of that provision, a waiver of the provision itself, or a waiver of any right under this agreement.

c. Should any provision of this agreement be declared wholly or partly invalid or unenforceable by a court or other competent authority, then (1) the validity and enforceability of all provisions of this agreement not declared invalid or unenforceable shall remain unaffected; (2) the effect of such ruling shall be confined to the jurisdiction of the court or other authority making the declaration; (3) the provision deemed wholly or partly invalid or unenforceable shall be considered amended, and the court or other authority is authorised to reform the provision to the minimum extent necessary to make it valid and enforceable in accordance with the intentions of the parties as manifested herein; and (4) if the ruling or the leading principle of law or equity that led to the ruling is subsequently annulled, amended, or altered by legislative, judicial, or administrative action, then the relevant provision as originally set out in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new leading principle of law or equity.

d. This agreement shall be binding upon and shall 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 licences granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.

e. PetSafe Brands shall not be liable for failure to perform its obligations under this agreement if such failure arises directly or indirectly from causes that are reasonably beyond its direct control, including acts of God, terrorist acts or criminal activities, acts of domestic or foreign governments, changes in laws or regulations, fires, floods, explosions, epidemics, pandemics, disruptions in communication, power supply or other utilities, strikes or other labour issues, riots, or the unavailability of supplies.

f. Except as otherwise expressly provided herein, no amendment or modification of this agreement shall be valid or binding unless in writing and duly executed by the party or parties to be bound thereby, including by clicking a button when asked to accept such a change. We reserve the right to update, revise, supplement, and otherwise modify this agreement at any time and from time to time, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason whatsoever. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as 'Revised Terms') shall be effective immediately upon their posting on the Site, which may be given in any manner designated by us, including by posting on the Site. You acknowledge and agree that your continued use of the Site shall be deemed an unequivocal indication of your acceptance of all such Revised Terms. All Revised Terms are hereby incorporated into this agreement and made a part thereof by this reference.

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

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

i. The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to survive this agreement shall survive any termination or expiration of this agreement.

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