PetSafe Brands Terms & Conditions

This document was last updated April 24, 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 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 are accessing the Site on behalf of, or as an agent for another person or entity, that person or entity is also a Customer and will be bound by this agreement.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THESE TERMS CAREFULLY.

1. Registration. You may be offered an opportunity to register for use of the Site via an account registration process (such process and the information provided during such process, as amended from time to time in accordance with this agreement, the “Registration”). You represent that the information indicated in the Registration is true, accurate, and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a 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 subject to this agreement and does not create 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 amend this agreement.

2. Use of Site

a. Account; Minimum Age. You may only create and hold one account for the Site for your personal, non-commercial use and access. You must be at least 18 years old to use, or create an account for use of, the Site. If you are a minor in the jurisdiction in which 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 prior to your using the Site. Notwithstanding the foregoing, you are not authorized 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 warrant that the Site will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Site. Use of the Site requires Internet access or mobile data, which may be subject to additional fees or charges. Because the Site may be accessed via the Internet, the Site is offered “as is,” with all risks inherent in 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 will be responsible for all fees and charges incurred with respect to accessing to 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 shall not, directly or indirectly, do, nor shall you authorize any person or entity to do, any of the following: (1) use or disclose the Site for any purpose or in any manner not specifically authorized by this agreement or otherwise in violation of the terms hereof; (2) make any copies or prints, or otherwise reproduce or print, any portion of the Site, whether in printed or electronic format; (3) distribute, republish, download, display, post, disclose, or transmit any portion of the Site; (4) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the Site or otherwise attempt to discover 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 having 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 preserve all copyright and other proprietary notices in any copy of any portion 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 possess or utilize any portion 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 other covenants and warranties as we, in our sole discretion, deem desirable); (10) use the Site to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized 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 violation 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 unauthorized use of other search engine optimization services and/or software; (16) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, 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 portion thereof; (22) “frame” or “mirror” any portion of the Site; (23) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion 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 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 allow you to rate content or post reviews. Ratings and reviews are not endorsed by PetSafe Brands, and do not represent the views of PetSafe Brands or of any affiliate or partner of PetSafe Brands. PetSafe Brands does not assume liability for ratings or reviews or for any Losses (as defined below) resulting from any ratings and reviews. Before posting a rating or review, you must have had recent first-hand experience with the content rated; (2) you may not draw any legal conclusions; and (3) your review must otherwise comply with the terms of this agreement as well as all applicable laws, rules, and regulations, including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Any rating and/or review that we determine violates 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, objectionable, inappropriate, or otherwise unsuited to 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 action 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 buy goods and is not an offer to sell. You agree that your order is an offer to buy, under this agreement, all goods, items, and products (“Products”) or services (“Services”) in the quantities and at the prices listed in the order. We will not be obligated to sell the Products or Services to you unless and until we accept the order. We may choose not to accept orders at our sole discretion. We will send you a confirmation email with the details of the Products or Services purchased after our acceptance. Acceptance of your order will not take place unless and until we transmit the confirmation email. We shall sell to you, and you shall purchase from us, the Products or Services upon the terms and conditions set forth this agreement. BY PRESENTING AN ORDER TO US, YOU CONFIRM THAT THIS AGREEMENT SHALL GOVERN ALL PURCHASES OF PRODUCTS AND SERVICES. ALL PRODUCTS, SERVICES, AND PRICES LISTED ON THE SITE ARE SUBJECT TO CHANGE, AVAILABILITY, PRIOR SALE, AND QUANTITY LIMITATIONS, EVEN IF YOU HAVE ALREADY PLACED AN ORDER.

b. Payment Terms; Quotes; Interest. Terms of payment are within PetSafe Brands' sole discretion, and unless otherwise agreed to by PetSafe Brands, payment must be received by PetSafe Brands prior to PetSafe Brands' acceptance of an order. Payment for the Products and Services and support must be made by credit card or some other prearranged payment method accepted by PetSafe Brands unless PetSafe Brands has agreed to credit terms in writing. By submitting your order, you represent and warrant that (a) the payment card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such payment card for the purchase, (c) you authorize us to charge your order to the provided payment card; (d) charges incurred by you will be honored by your payment card company, and (e) you will pay charges incurred by you at the posted prices, including 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 data may change without notice. Final pricing on your order is effective on the date that payment for the order has been 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 quotations given by PetSafe Brands will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer shall indemnify and hold PetSafe Brands free and harmless from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for Products shipped to Customer.

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 may not be available in your particular country or locality. The reference to any such Products or Services in this Site does not imply or warrant that these Products or Services will be available at any time in your particular locality. You should therefore check with your local authorized sales representative for specific product/service availability in your locality.

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, 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 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 will arrange for shipment 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 shipped according to 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 phone within sixty (60) days of the shipping notification email that you received. Shipping charges are not refundable except where expedited shipping was purchased but not provided, in which case PetSafe Brands will credit the account for the difference in cost of the shipping purchased and the shipping provided. Please see our Shipping Policy for more information about your shipments.

f. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on PetSafe Brands' invoice(s). Unless Customer provides PetSafe Brands with a valid and correct tax exemption certificate applicable to the product ship-to location prior to PetSafe Brands' acceptance of the order, the Customer is responsible 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 shown on PetSafe Brands' invoice.

g. Delivery; Title; Risk of Loss. Risk of loss and title to Products passes from PetSafe Brands to Customer on shipment from PetSafe Brands' facility. PetSafe Brands shall not be liable for any delays in delivery beyond the reasonable control of PetSafe Brands including, but not limited to, delays caused by unavailability or shortages of product or product components from PetSafe Brands' suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labor, 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. Return Policy. If for any reason you are not completely satisfied with your product, you may return it for a full refund of your purchase price subject to the terms and conditions set forth in our Return Policy.

i. Special Types of Orders. Some Products and Services may 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 are requesting to purchase an out-of-stock or soon-to-be-available Product not yet in inventory. We may collect no payment or partial payment at the time of purchase, and your payment method will be charged for the full or remaining payment upon fulfillment at a future date. You can cancel a pre-order until fulfillment, after which our Return Policy shall apply. When you purchase a try-before-you-buy Product, you will have a certain amount of time to decide if you want to keep the Product, as indicated within the Site and/or your order confirmation. Following the passage of that time, we will charge your payment method for the full amount unless you have otherwise returned the Product.

j. Exports. Customer agrees and represents that it is buying for its own personal use only, and not for 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 comply with 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 subject to 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. Customer agrees to defend, indemnify and hold harmless PetSafe Brands for any violation by Customer of any export restrictions.

4. Promotions

a. PetSafe Brands may, in its sole discretion, make promotional offers with different features and different rates available to any or all of our customers. Unless made available to you and used pursuant to this agreement, these promotional offers will have no bearing on your obligation to pay the amounts owed. Unless otherwise stated, promotions applied to a purchase will be reflected at checkout and will either be deducted from (1) the subtotal charged, before tax and fees, as part of the authorized charge to the payment instrument(s) associated with your account, or (2) if the promotion is related directly to the fees (e.g., no service charge), deducted from the fee. Promotions are automatically applied toward your future orders using the Site. We reserve the right to determine the order in which promotions are applied to transactions and their priority to other promotional codes. We cannot guarantee that the promotions with the earliest expiration dates will be given priority in all transactions, and you agree to monitor your account regularly to verify the status of promotions. PetSafe Brands has no obligation to offer or redeem any promotion, including if such promotions are unavailable due to error or technical failure.

b. PetSafe Brands may regulate, modify, and/or eliminate any promotional credits in its sole discretion at any time, with or without notice to you. You cannot use any promotions on past purchases. In some cases, you may not be able to combine promotions with any other promotions or discounts. Some promotions have expiration dates. The expiration date will be displayed on the Site. Expired promotions have no value. Further, PetSafe Brands does not issue or award retroactive promotions for any reason.

c. PetSafe Brands may display promotions anywhere on the Site and will, in its sole discretion, select the promotions that are available to you. Promotions may be limited to select products. Promotions may not be available at 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 exchange 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 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 many (1) suspend or terminate a promotion, (2) refuse to honor a promotion, and/or (3) withhold or deduct credits or other value obtained, with or without notice, if we, in our sole judgment, 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 in the course of the Registration, and it shall continue in effect until terminated pursuant to 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 licenses 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 license, if any, authorizing 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 personally identifiable 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, transferrable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, materials, or other data entered during 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) perform our obligations under this agreement, (3) compile analyses and statistical information from Data regarding usage or performance of the Site and user engagement, (4) provide, monitor, correct, enhance, and improve the Site and perform services related thereto, (5) develop new products or services, and (6) accomplish other internal business purpose 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 pursuant to its internal record retention and/or destruction policies.

f. You also grant to PetSafe Brands a non-exclusive, transferrable, sublicensable, irrevocable, worldwide, royalty-free, and fully paid-up right and license 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 analyze data and other information relating to the provision, use, and performance of the Site and related systems and technologies (“Usage Data”), and you acknowledge and agree that PetSafe Brands has and retains exclusive and valid ownership of all Usage Data. PetSafe Brands will be free (during and after the Term) to use such Deidentified Data and Usage Data for any purpose, including to (1) improve and enhance the Site and for other development, diagnostic, and corrective purposes in connection with the Site and other service offerings, (2) disclose such data in connection with our business, and (3) otherwise use and disclose such data as set forth in our Privacy Policy.

g. You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to PetSafe Brands the licenses set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this agreement. If any of your Data violates this agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (1) to change, delete or remove, in part or in full, any of your Data, (2) to terminate or suspend access to the Site, and/or (3) to terminate or suspend your account, in each case, with or without notice. PetSafe Brands will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless PetSafe Brands, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss (as defined below) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties.

7. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless PetSafe Brands, its licensors, each of 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 violation of this agreement by you or your agents; or (3) use of your account for the Site.This obligation will survive the termination of this agreement. For purposes of this agreement, “Loss” means 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. Warranties; Disclaimers

a. Products.

i. Products you purchase may be subject to certain limited warranties as set forth in this Section (with respect to such 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 includes any additional warranties (with respect to such Product, an “Individual Product Warranty”) that conflict with the Limited Warranty, such Individual Product Warranty shall control.

ii. Limited Warranty.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH 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 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 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 SITE IS NOT INTENDED FOR USE IN ANY ACTIVITIES IN WHICH THE FAILURE OF THE SITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

v. Due to the continual development of new techniques for intruding upon and attacking networks, PetSafe Brands does not warrant that the Site, or any equipment, system, or network on which it is used or accessed, will be free of vulnerability to intrusion or attack that results in your inability to use the Site or the unauthorized disclosure or compromise of your information in 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, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Site or portions thereof, including but not limited to the Site’s features, look and feel, and functional elements 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 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 cause of action or claim you may have with respect to the Site must be commenced within one year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder 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 LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE SITE.

10. Dispute Resolution

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

b. Arbitration.

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

ii. Arbitration Rules and Governing Law. The arbitration will be 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”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

iii. Arbitration Process. A party who desires 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 an attorney licensed to practice 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 will be conducted in Knox County, Tennessee. If your claim does not exceed $10,000, then the arbitration will 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. If your claim exceeds $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. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability and Remedies” above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

vi. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, PetSafe Brands will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

vii. Changes. Notwithstanding the provisions concerning modification of this agreement, if PetSafe Brands changes this “Dispute Resolution” section after the date you first accepted this agreement (or accepted any subsequent changes to this agreement), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email to you notifying you of such change. 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 accepted this agreement (or accepted any subsequent changes 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; but, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on PetSafe Brands’ part without our express written consent.

b. This Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Site; (b) send e-mails or other communications with certain content, or links to certain content, on this Site; and/or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely 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 any website that is not owned by you; (b) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Site other than the homepage; or (d) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision 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 may contain links to other Internet sites with their own terms and privacy policies. These links are provided for your convenience only. Your use of those sites is subject to the terms of use, if any, that each site has posted. PetSafe Brands has no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at its own risk and subject to the terms and conditions of use for such websites. PetSafe Brands' inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.

b. The Site 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 relating to the Site and your use of the Site and purchase of Products. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. Each party represents and warrants that, in entering into and performing its obligations under this agreement, it does not and will not rely on any promise, inducement, or representation allegedly made by or on behalf of the other party with respect to the subject matter hereof, nor on any course of dealing or custom and usage in the trade, except as such promise, inducement, or representation may be expressly set forth herein.

b. The failure of PetSafe Brands to exercise or enforce any right or provision of this agreement does not constitute a waiver of such right or provision, which will still be available to PetSafe Brands.Any waiver by PetSafe Brands of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement.

c. If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (1) the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected; (2) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (3) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (4) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.

d. This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. PetSafe Brands may freely transfer, assign, or delegate all or any part of this agreement and any rights or duties hereunder. You may not assign this agreement or any of the rights or licenses 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 any failure to perform its obligations under this agreement if such failure arises, directly or indirectly, out of causes reasonably beyond its direct control, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.

f. Except as otherwise expressly provided herein, no modification or amendment to this agreement will 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 presented to accept such amendment. We reserve the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into this agreement upon our publishing them on the Site, which may be given by any means we designate, including by posting to the Site. You acknowledge and agrees that your continued use of the Site will be deemed to conclusively indicates your acceptance of any and all such Revised Terms. All Revised Terms are incorporated into, and made 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 you.

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

i. The covenants 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.