The following Terms of Service Agreement ("Agreement") governs your access to and use of our Website and the Services made available to you by Company ("Service").
Company provides an online service to register ownership of your pet in the event your pet is stolen, missing or lost. Upon registration, Company will send you an identification tag which has a unique serial number identifying the pet to your registration information. We ask that you pay $4.95 for shipping and handling for the tag. Thereafter, your information is placed in an online database so that when anyone contacts us regarding the location of your pet, we will immediately notify you of the location of your pet and provide you with contact information from the person or shelter that has your pet so that you may contact them directly. We do not provide your registration information to the person or institution which has your pet. You may cancel our Service by going to your My Account page and clicking the Delete Account link.
You are required to provide us with your current contact information through our online registration. In addition, it is your obligation to keep this contact information current. You must also comply with all applicable laws in connection with your access to and use of our Website and Service. You also agree to any additional instructions or limitations as may be set forth in any written or on-line notice from us. You represent and warrant to us that you will not use our Website or Service for any purpose that is unlawful or prohibited by the Agreement. Use of our Website and Services is for your personal and non-commercial use, and Company does not grant any express or implied rights for any other purpose. You may only register a pet that you own and may not use our Service for any commercial purpose. Our Service is not transferrable.
You are required to complete an enrollment form to the Services. You must complete the registration process by providing us with current, complete and accurate information as prompted by the online enrollment form. You are entirely responsible for maintaining the confidentiality of your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account. You may not use anyone else's account at any time, without the permission of the account holder.
TCPA Consent. Notwithstanding current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your pet or promotions related to our Website and Service, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account, with information or questions about your registration and Pet or to notify you of your found Pet. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future.
We do not and cannot guarantee that registration for or use of our Services will ensure the return of your pet. It is only one additional proactive step for you to obtain the return of your pet. Any and all information provided to you on our Website or through our newsletters or marketing whether by telephone, email, letter, facsimile, or other form of communication, is for informational purposes only.
Except as expressly set forth in this Agreement, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or our Services or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or website content.
THE CONTENT AND ALL SERVICES ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES INCLUDING ANY YOU MAY CHOOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR WEBSITE MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, OR SERVICES PROVIDED BY ANY CLIENT WHO HAS CONTACTED YOU AS A RESULT OF YOUR USE OF OUR SERVICES.
IN NO EVENT WILL WE, OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR SERVICES. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You and Company each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any Product sold, offered, or purchased through our Service shall be resolved exclusively through final and binding arbitration through the American Arbitration Association, rather than in court.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
All intellectual property ownership and rights in the text, images, photographs, graphics, user interface, and other content provided on our Website (collectively “Content") are owned by Company or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. You are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without Company's prior written consent. Requests for permission to reproduce any Content must be made to Company at CustomerService@TrackMyPets.com.
If you believe that something on our website has been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Site that is requested to be removed; (iii) your name, address, and daytime telephone number, and an email address if available, so that Company may contact you to resolve; (v) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vii) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Please submit your DMCA notice to: email@example.com
You agree not to transmit, distribute, post, communicate or store information or other material on, to use or on our Website that belongs to or is copyrighted to another person; or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; or is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by Company in its sole discretion; or constitutes advertisements or solicitations of business; or contains viruses, trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, interfere with, intercept or remove any Company or its user’s system, data or information.
You agree that we may, at any time, publish any communications from or to you and agree that Company may use or disclose any information related to you for any reason related to the operation of our Website or Services for any purpose including investigate, prevent, or take action regarding activities that may be prohibited or unlawful or in protection of our legal rights or otherwise to protect the rights of any third party licensee and other users or registrants.
You agree not to: (i) use any incomplete, false or inaccurate information when registering for our Service, or any promotions offered through our Website or Service; (ii) delete or revise any communication or information of any other user or collect information about other users (including email addresses), without their consent; (iii) take any action that imposes an unreasonable burden on Company or our Website; (iv) use any device or software to interfere or attempt to interfere with our Website, Services or any actions being conducted on our Website; (v) use or attempt to use any engine, software, or device (including, without limitation, browsers, spiders, robots, cookies and the like) to navigate or search our Website except those generally available through your web browser; (vi) allow any other person or entity to use your registration information or provided tag number; (vii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up our Website or any part thereof.
You further agree not to violate or attempt to violate the security protocols set up for our Website, including but not limited to: (i) accessing data not intended for you; (ii) logging into a server or account that you are not authorized to access; (iii) attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; (iv) or attempt to interfere with service to any user, host or network.
We may from time to time post third-party owned content, ads and links to other’s websites (collectively "Links"). Company does not endorse, sponsor, recommend, or otherwise accept responsibility for any Links. In addition, Links are not under the control of Company, and Company is not responsible for the content, terms or privacy practices of the Links. Company is providing third-party Links to you only as a convenience. The inclusion of such Links is not an endorsement by Company in favor of any third party. In addition, the Company may from time to time allow third parties to post content on or through our Website. Company may, but is not required to, review such content. In all matters, Company may change or remove such postings at any time. Again, Company is not responsible or liable for such content.
Your correspondence or business dealings with any third party with whom you linked through from our Website or as a result of other content on our Website or Service, including, but not limited to, any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the third-party Links on our Website.
We reserve the right to change any information, feature or functions of our Services and Website without prior notice. We may deny you access to Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system or our Service Provider’s system.
In order to access and retain this Agreement, you must have access to the Internet, either directly or through devices that access Web-based content, and pay any fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access or retain the Agreement that create a material risk that you will not be able to continue to access or retain it.
We collect the following types of information about you when you visit and use our Website
"Personal information" is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), mobile numbers and email address, or other unique information about you which you provide to us during the registration process, or through the course of communicating with us about our Services.
"Demographic information" is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, mobile phone carrier, age, gender, personal and online interests.
"Behavioral information" is information which is automatically collected pertaining to how you use our Website, the areas of our Website that you visit, what Services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.
"Third party collected information" is information about you that we acquire from a third party which may include personal, demographic, behavioral and indirect information. This collection may include, but not limited to, first party cookies, third party cookies, anonymous cookies, persistent identifiers, email opt in, and search engine keywords. We have no access or control over these cookies and other tracking devices used by data aggregators, third party advertisers and third party networks. We have no responsibility or liability for the policies and practices of these parties.
No Information Collected from Children. We will never knowingly collect any Personal Information from children under the age of 13. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties.
Generally, we as well as third party vendors and supporting advertisers use technologies such as cookies, web beacons, and java scripts to collect information. These technologies collect internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track user's movements through our Website and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis
Web Beacons. We use electronic images known as Web Beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our Website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web Beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web Beacon resides. We may also use Web beacons in email messages sent to you. This allows us to determine if you opened or acted upon the email messages. Because Web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
Proprietary Auto-Fill Tracking. At times, we use third party vendors who have technology which collects information held in your browser’s auto-fill functionality This collection allows them to notify you of an error in the registration or a failure to submit the registration. You can stop this functionality by turning it off in your browser. There is no loss of use of our Website or services should this browser function be turned off.
Providing Services. We use the information we gather on our Website to provide you with the Services you have requested. This may include passing your information on to a third party to provide such Services or facilitate payment for Services. Although our contractual arrangement limits how this party can use your information, we do not control the privacy practices of third parties. If you have any questions or wish to remove your information from the third party databases, you will need to contact that party directly.
Improving Our Website. We use the information we gather to respond to any inquires you make, operate and improve the functionality of our Website, and deliver the products and services advertised on our Website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests.
Targeted Advertising. Based on User Information, we may customize and target advertising to an individual. In our discretion, we may combine information to target advertising to an individual on the Site, in email and/or through direct mail. Such advertising may be different to the products or services offered or promoted on our Website.
Commercial Email. We may use your email address to promote goods and services of third parties that may be of interest to you and these may be different than the products or services offered or promoted on the Site.
Direct Mail. We may use User Information to advertise, directly or indirectly to individuals using postal mail.
SMS and Telephone Calls. We use your User Information to facilitate the Services you requested. We call or text you about your lost pet. If permission is given, we may also text you or call you regarding other Services and Products that may be of interest to you.
We will share your personal information with third parties in the following ways:
Product and Service Delivery. We share your personal information with third parties who help us in the delivery of the products and services you have requested.
Website Functionality. We share your Personal and Non-Personal information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our Website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
Third Party Products and Services. We share your Personal and Non Personal Information with third parties who will provide you with their opportunities, products or services. This includes your personal and non-personal information, and includes your interests and preferences, so they may determine whether you might be interested in their products or services.
Anonymous information. We share aggregated anonymous information about you, combined with other persons using our Website with third parties, so that they can understand the kinds of visitors that come to our Website, and how those visitors use our Website. This includes demographic information and behavioral information.
Legal Process. We disclose and share your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
Third Parties collect and use information about you on or through our Website in the following ways:
Service Providers and Advertisers. Service Providers of the service or product you have requested, Advertising agencies, advertising networks, and other companies who place ads on our Website, may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
Hyperlinks. Our Website and email messages sometimes contain hypertext links to Websites owned by third parties. We are not responsible for the privacy practices or the content of such other Websites. These links are provided for your convenience and reference only. We do not operate or control any information, software, products or services, available on these third party Websites. The inclusion of a link on our Website does not imply any endorsement of the services, products or website, or its sponsoring organization.
Analytics. As described above, we use third parties to monitor analyze and report on the traffic to, from and within our Website and email messages.
Disclaimer. We do not control the collection and use of any information collected by Third Parties. Please review their policies and terms before providing any information.
We use industry standard precautions to safeguard your personal Information from loss, theft and misuse including unauthorized access, disclosure, alteration and destruction. These precautions are technical, physical and managerial. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer software ("SSL") to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure from improper actions of third parties not under our control; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of information through our Website or through email communications is at your own risk.
We retain Personal Information for the time necessary to fulfill the purpose for which you provided the information and retain it thereafter for a period permitted by law. We retain Non-Personal Information indefinitely as the same is used by us for any proper purpose, including but not limited to analysis, development and improvement of our Website, services and products.
California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. In addition, California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information; and thus, you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an email at firstname.lastname@example.org. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.