PETS911, LLC, an Wyoming limited liability company (referred to as “PETS911”, “we”, “us” and “our”) owns and operates, among other things, PETS911.com (collectively, the “Site”) and certain mobile application(s) (collectively, the “App”). PETS911 offers the Site and App (each of the Site and App referred to as a “Service” or collectively as the “Services”), including all information, tools and services available from the Site and App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting, using, browsing, or otherwise registering for any Service , or otherwise purchasing something from us through any online or mobile store through any Service, you hereby agree to be bound by these Terms of Service (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users or visitors of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

THESE TERMS ARE IMPORTANT. PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES THAT AFFECT YOUR RIGHTS. THESE TERMS OF SERVICE PROHIBIT THE USE OF CLASS ACTIONS AND WAIVE YOUR RIGHT TO A JURY TRIAL. THESE TERMS OF SERVICE ALSO LIMIT PETS911’s LIABILITY, THE TIME PERIOD DURING WHICH YOU CAN BRING A CLAIM, AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 16 (DISPUTE RESOLUTION; VENUE; WAIVER OF CLASS ACTION; AND WAIVER OF JURY TRIAL) AND SECTION 17 (DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY).

Please read these Terms of Service carefully before accessing, using, browsing, or otherwise registering for a Service. By accessing, using, browsing, or otherwise registering for any part of a Service (or by clicking an “I Accept” button as part of any registration process or otherwise demonstrating your consent to these Terms of Service), you agree that you have read and understand these Terms of Service and you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you must not access, use, browse, or otherwise register for any part of any Service.

Any new features or tools which are added to any Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our the Site or the App. It is your responsibility to check this page  periodically for changes. Your continued use of or access to a Service following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – REQUIRED AGE AND ACCOUNTS

By agreeing to these Terms of Service, you represent and covenant that (1) you are at least the age of majority in your state or province of residence, (2) if you are under the age of majority in your state or province of residence, you have your parent’s or guardian’s consent and permission to agree to these Terms of Service (and to access, use, browse, or otherwise register for the Services), and (3) if you are a parent or guardian of a child or minor ward under the age of majority, you are fully responsible and liable for your child’s or minor ward’s activities with respect to any and all Services (including any subscriptions or products that may be purchased) and you have given your child or minor ward permission to accept these Terms (and access, use, browse, or otherwise register for the Services).

Certain aspects of the Services may require you to register for and maintain an active personal account with us. Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number, age, and, in certain circumstances, at least one valid payment method supported by us. You are responsible for maintaining the confidentiality of your account and password (and will be liable and responsible for all activity that occurs under your account, including any activity by unauthorized users). You may not authorize third parties to use your account. If you become aware of unauthorized access to your account, notify us immediately.

SECTION 2 – SERVICE LICENSES

Site License: Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Site, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to (1) access and use the Site for your own personal, non-commercial purposes and (2) access and view the content contained or made available on the Site in furtherance of the license granted in clause (1).

App License: Subject to your compliance with these Terms and solely for as long as you are permitted by us to access and use the App, we grant to you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to (1) download and install a copy of the App on a mobile device that you own or control and (2) to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App except for making a reasonable number of copies for backup or archival purposes.

General: PETS911 reserves all rights in and to each Service not expressly granted to you under these Terms. The licenses set forth in this Section 2 will remain in effect unless and until the applicable license is terminated by you or us or these Terms are terminated by you or us.

SECTION 3 –APPLICATION STORE

The following terms apply to the App accessed through or downloaded from any application store or distribution platform (such as Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

1. These Terms are between you and PETS911 and not with the App Provider, and PETS911 (not the App Provider) is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if any) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PETS911.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
   1. product liability claims;
   2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
   3. claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, PETS911 will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
6. The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
7. 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;
   2. you are not listed on any U.S. Government list of prohibited or restricted parties;
   3. you are not an individual or associated with an entity designated under the UK’s Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and
   4. you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.
8. You must also comply with all applicable third-party terms of service when using the App.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on a Service is not accurate, complete or current. The material on a Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on a Service site is at your own risk.

A Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of a Service at any time, but we have no obligation to update any information on any Service. You agree that it is your responsibility to monitor changes to the Services.

SECTION 5 – MODIFICATIONS TO THE SERVICES, PRODUCTS, AND OFFERINGS (INCLUDING PRICES)

We reserve the right to refuse to offer or provide any Service to anyone for any reason at any time.

We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time.

Prices for our products, services, and other offerings are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Service (or any part or content thereof).

SECTION 6 – PRODUCTS OR SERVICES AVAILABLE THROUGH STORE

Certain products, services, or other offerings may be available online through a store contained on the Site or App. These products, services, or other offerings may have limited quantities and will not be subject to return or exchange. However, limited products will be subject to return or exchange where permitted by our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s or other device’s display of any color will be accurate.

Unless otherwise specified at the time of purchase, you must pay for products, services, or offerings when you place the order. For physical products, such ordered products will be delivered to the shipping address you provide.

We reserve the right, but are not obligated, to limit the sales of our products, services, or other offerings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products, services, or other offerings that we offer. All descriptions of products, services, or other offerings (including pricing) are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product, service, or other offering at any time. Any offer for any product, service, or other offering made on the Site or App is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in a Service will be corrected.

SECTION 7 – PETS911 SUBSCRIPTION TERMS

These Terms incorporate the Product Specific Terms (PETS911 Subscription) set forth in Annex 1 to these Terms. If you subscribe to PETS911, then the Product Specific Terms (PETS911 Subscription) set forth in Annex 1 will apply. In the event of a conflict between such Product Specific Terms and the terms and conditions contained in the body of these Terms, such Product Specific Terms shall govern and control.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Services may include links to third-party websites or materials from third-parties.

Third-party links on a Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to such third party websites, such third party materials, or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in a Service (including for the online store) that contains typographical errors, inaccuracies or omissions that may relate to product, service, or other offering descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in a Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES AND LICENSE RESTRICTIONS

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using a Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of any Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You may not use a Service (or any of our products, services, or other offerings) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree not to reproduce, distribute or redistribute, duplicate, transfer, copy, sell or  resell, sublicense, lease, lend, rent, publish, create derivate works based on, decompile, reverse engineer, modify, disassemble or otherwise exploit any Service or any portion of any Service (including any content). You also agree that you will not remove, obscure, or modify any copyright, trademark, or other intellectual property or proprietary notices from any portion of any Service.

SECTION 14 – YOUR CONTENT

You will have sole responsibility and liability for any content that you provide, submit, or otherwise make available through a Service (“Your Content”). You represent that all of Your Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. As between you and PETS911, you represent that you own (or have all rights necessary to grant PETS911 the rights below to) all of Your Content that you provide, submit, or otherwise make available through any Service and that PETS911 will not need to obtain licenses from any third party or pay royalties to any third party in order to use any of Your Content. You grant PETS911 a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from Your Content for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in Your Content.

You understand that Your Content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION 15 – INTELLECTUAL PROPERTY ACKNOWLEDGMENT

You acknowledge and agree that the Services contain software and other content that is protected by copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. As between you and PETS911, PETS911 owns all intellectual property rights in the Services. For the avoidance of doubt, PETS911’s name, trademarks, logos, and all related names, logos, products, services, designs, and slogans shall be deemed the property of PETS911 and you must not use any of the foregoing without the prior written consent of PETS911.

SECTION 16 – DISPUTE RESOLUTION; VENUE; WAIVER OF CLASS ACTION; AND WAIVER OF JURY TRIAL

If any claim, cause of action, controversy, proceeding, or other dispute arises relating to these Terms, the Services, or PETS911 (a “Dispute”), you agree to first give written notice to PETS911 and engage in good faith negotiations to attempt to resolve any such Dispute for at least 30 days, except that you or PETS911 may skip this informal negotiation procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights.

ANY DISPUTE YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FOR SUCH DISPUTE ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

YOU AND PETS911 AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF YOU AND PETS911 MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and PETS911 may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PETS911 WAIVE ANY RIGHT TO A JURY TRIAL.

You and PETS911 irrevocably agree to exclusive personal jurisdiction and venue in the State courts of the State of New York or the United States District Court for the Southern District of New York for the litigation of any Dispute.

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that the results that may be obtained from the use of any Service will be accurate or reliable. The content and information of the Services is intended for informational purposes only and is not intended to be a substitute for any professional medical (including veterinary) advice, diagnosis, or treatment. Always seek the advice of your chosen medical professional with respect to any questions or issues you may have regarding your pet’s condition.

You agree that from time to time we may remove any Service for indefinite periods of time or cancel any Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, ANY SERVICE (INCLUDING, BUT NOT LIMITED TO, THE SITE, THE APP, AND ANY CONTENT AVAILABLE IN THE SITE OR APP) IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THE SITE, THE APP, AND ANY CONTENT AVAILABLE IN THE SITE OR APP) AND ALL PRODUCTS, SERVICES, AND OTHER OFFERINGS PURCHASED OR DELIVERED TO YOU IN CONNECTION WITH ANY SERVICE (INCLUDING, BUT NOT LIMITED TO, THROUGH ANY ONLINE STORE CONTAINED IN THE SERVICE) ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. IN FURTHERANCE OF THE FOREGOING, PETS911 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, PRODUCTS, OR OTHER OFFERINGS AVAILABLE OR PURCHASED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE OR OPERATIONAL AT ANY PARTICULAR TIME, OR THAT THEY WILL BE ERROR-FREE OR VIRUS-FREE.

To the fullest extent permitted by applicable law, in no case shall PETS911, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively, the “PETS911 Group”):

(1) be liable for any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, OR

(2) be liable for any lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill, or any similar damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PETS911 GROUP’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS AND CAUSES OF ACTION (AND UNDER ALL THEORIES OF LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE SERVICES AND ANY PRODUCt, SERVICE, OR OTHER OFFERING PURCHASED THROUGH ANY SERVICE) WILL NOT EXCEED IN THE AGGREGATE AN AMOUNT EQUAL TO THE GREATER OF (A) TWO HUNDRED DOLLARS ($200) AND (B) THE AMOUNT ACTUALLY PAID BY YOU TO PETS911 DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE YOUR CLAIM FIRST AROSE.

The above limitations on types and amounts of damages will apply regardless of whether your claim is based in contract, tort (including negligence), strict liability, or otherwise, or otherwise arising from your use of any service or any products, services, or other offerings procured using any service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow certain exclusions or certain limitations on liability, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless PETS911 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, demands, damages, losses, and costs (including reasonable attorneys’ fees),that arise from or relate to (1) your breach of these Terms of Service (including any documents they incorporate by reference), (2) your violation of any law, rule, or regulation, or (3) your violation of any right of any third-party. PETS911 may participate, at its own expense, in the defense of any such claims or demands and shall have the right to retain its own counsel. You shall not, without the prior written consent of PETS911, effect any settlement or compromise any pending or threatened claim or demand in respect of which indemnification could have been sought under these Terms. PETS911 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with PETS911’s defense of those claims or demands. 

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may suspend or disable your access to any Service(s) or your account (or any part thereof) or otherwise terminate these Terms of Service.

We also may suspend or disable your access to the Services or your account (or any part thereof) or otherwise terminate these Terms of Service at any time for any reason without notice.

Upon termination of these Terms (or any particular Service), all license rights granted to you will cease (or if only a particular Service is terminated, all such licenses with respect to such particular Service will cease). Applicable provisions of these Terms will continue in effect after termination or expiration to the extent necessary to give full force and effect to such provisions, including those set forth in Section 3 (Application Store), Section 5 (Modification to the Services, Products, and Offerings (Including Prices)), Section 9 (Third-Party Links), Section 10 (User Comments, Feedback, and Other Submissions), Section 12 (Errors, Inaccuracies, and Omissions), Section 13 (Prohibited Uses and License Restrictions), Section 14 (Your Content), Section 16 (Intellectual Property Acknowledgment), Section 16 (Dispute Resolution; Venue; Waiver of Class Action; and Waiver of Jury Trial), Section 17 (Disclaimer of Warranties; Limitation of Liability), Section 18 (Indemnification), Section 19 (Severability), this Section 20 (Termination), Section 21 (Entire Agreement), Section 22 (Governing Law), Section 23 (Changes to Terms of Service), and Section 25 (Successors and Assigns). PETS911’s rights under these Terms shall survive any termination or expiration. You will remain liable for all amounts and other liabilities due up to and including the date of termination. For clarity, any termination of these Terms (or any particular Service) will not relieve or reduce your obligation to pay amounts owed for (1) any products, services, or other offerings purchased prior to such effective date of termination and (2) any subscription(s) for PETS911 (and PETS911 will not offer you any refund) unless set forth in the Product Specific Terms (PETS911 Subscription) set forth on Annex 1.

You agree to release and hold PETS911 harmless from and against any and all claims, losses and damages arising from any suspension, disabling, or termination of any Service and/or your account. For the avoidance of doubt, PETS911 will not have any responsibility for any of Your Content that is deleted, removed, or otherwise lost in connection with such suspension, disabling, or termination.

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service (including any documents referenced in or incorporated into these Terms of Service) constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 22 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. You and PETS911 irrevocably agree that any Dispute will be litigated in the venue set forth in Section 16 (Dispute Resolution; Venue; Waiver of Class Action; and Waiver of Jury Trial).

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24- NOTICES AND CONTACT INFORMATION

You consent to receive all communications including notices, agreements, disclosures, or other information from PETS911 electronically. PETS911 may communicate by email or by posting to any Service.  For all notices to PETS911 (including any questions about the Terms of Service), you should send such notices to us at [email protected].

SECTION 25 – SUCCESSORS AND ASSIGNS

You will not assign or transfer these Terms without PETS911’s prior written consent. PETS911 may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.

SECTION 26 – FORCE MAJEURE

Neither you nor PETS911 shall be liable for any failure or delay in performance under these Terms (other than for a delay by you in the payment of money due and payable in accordance with these Terms) for causes beyond your or PETS911’s reasonable control (respectively) and not caused by your or PETS911’s fault or negligence (respectively), including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that you or PETS911 (respectively) is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by you or PETS911 (respectively).

SECTION 27 – COPYRIGHT NOTICE

If you believe any materials accessible on or from a Service infringe your copyright, you may request removal of those materials (or access thereto) by contacting PETS911’s copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

PETS911’s agent for copyright issues relating to the Services are as follows:

[email protected]

ANNEX 1 – PRODUCT SPECIFIC TERMS (PETS911 SUBSCRIPTION)

By purchasing a PETS911 subscription, you agree to the following terms and conditions, which supplement and form a part of the Terms of Service:

1. Subscription Features. By subscribing to PETS911, you will receive the enhanced features within the applicable App as detailed in the applicable App.
2. Amount to be Charged. You agree to pay the fee specified when you purchased your subscription to PETS911 (plus any applicable taxes and other charges). If the amount to be charged varies from the amount pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to consent to the change in price expressly. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your subscription for PETS911 reaffirms that we are authorized to charge you for that subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
3. Changes to Price. If we elect to increase the price of your subscription for PETS911 during the term of your subscription, such price increase will not take effect for your subscription until the expiration of your then-current subscription term. If you do not elect to cancel your subscription prior to its renewal, then such increased price will be applied to your subscription going forward.    
4. Billing Authorization. You will be asked to provide a payment method (such as a credit, charge, or debit card number) that we accept, along with other payment information, to activate your subscription. You represent and warrant that you have the legal right to use the payment method you provide us. Your authorizations in this section also apply to our payment processors and other companies acting as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly or annual basis in line with your selected subscription cycle, in advance, for your subscription and/or to place a hold on your payment method for any unpaid charges for your subscription. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt. You agree that these Product Specific Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds for all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request, and at any time, the information you previously provided is no longer valid. You acknowledge and agree that neither PETS911 nor any PETS911 agent will have any liability whatsoever for any insufficient funds or other charges incurred by you due to attempts to charge and/or place holds on your specified payment method as contemplated by these Product Specific Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
5. Billing Cycles and Auto-Renewal. Following any expiration of your PETS911 subscription term, such subscription will recur on a monthly or annual basis, as applicable based on your prior subscription term, until it is canceled in accordance with these Product Specific Terms. Billing occurs at the beginning of the subscription cycle and provides access for one month or one year, as applicable based on your subscription length. By subscribing to PETS911, you acknowledge that your subscription has recurring payment features and accept responsibility for all recurring payment obligations before the cancellation of your subscription by you or PETS911.
6. Accuracy of Information. All information you provide in connection with your subscription and account must be accurate, including your name, address, credit, debit, or charge card numbers, expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
7. Third-Party Payment Processors. You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase (including any subscription) in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when for your account (or otherwise in connection with the subscription). We reserve the right to correct or instruct our payment processors to correct any errors or mistakes, even if payment has already been requested or received.
8. Change or Termination of Subscription. To change or terminate your subscription, go to your “Account Settings” in your dashboard.
9. Termination or Cancellation of Subscription.
   1. If you terminate your subscription for PETS911, you may use your subscription until the end of the then-current subscription period, and your subscription will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you desire to terminate an active subscription, you must terminate such subscription at least twenty-four (24) hours prior to the end of the then-current subscription period. Failure to terminate an active subscription at least twenty-four (24) hours prior to the end of the then-current subscription period will cause your subscription to automatically renew in accordance with the terms set forth above.
   2. In addition to PETS911’s termination and suspension rights set forth in the body of the Terms of Service, PETS911 may also immediately terminate or suspend your account and all or a portion of your subscription or your access to the applicable App without notice if:
      1. your payment is overdue;
      2. you provide false or inaccurate information;
      3. you violate these Product Specific Terms; or
      4. you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws).
   3. If we terminate or suspend your subscription or access to the applicable App, your license to use any software or content provided in connection with the subscription is also terminated or suspended (as applicable). If your subscription or access to the  applicable App is terminated, PETS911 has the right to immediately delete all data, files, and other information stored in or for your account without further notice. You must pay all charges up to and including the date of termination. Should you wish to resume your subscription after any suspension, a restoration of service fee may apply. This fee includes all past-due unpaid charges and other fees.
10. Billing Inquiries. If you believe you have been billed in error for a subscription to PETS911, please notify us within 60 days of the billing date by contacting [email protected].