This website is operated by PT LABS LLC. Throughout the site, the terms “we”, “us” and “our” refer to PT LABS LLC. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store 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 website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products 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 must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 this site is at your own risk.
This site 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 this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return 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 display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site 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 the Service will be corrected.
SECTION 6 – 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 e-mail 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.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 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 9 – 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 e-mail 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 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product 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 the 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 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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; (e) 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 the 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 the 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.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The PawTracker, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the 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 the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The PawTracker and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – 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 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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, or when you cease using our site.
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 also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3699 McKinney Ave. Loft A-221, Dallas, TX, 75204, United States.
SECTION 18 – 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 19 – AMAZON AFFILIATE PROGRAM
“We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.”
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21 – LIMITS OF LIABILITY
IN NO EVENT SHALL THE PT LABS LLC PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE PT LABS LLC SERVICES, THE PRODUCT FIRMWARE OR YOUR USE THEREOF, OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), AND INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY
●ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT;
●LOST CONTENT OR USER DATA (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA OR CONTENT);
●PERSONAL OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PT LABS LLC SERVICES;
●ANY UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
●LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, OR DEFAMATION;
ANY FAILURE, DISRUPTION, DELAY, DOWNTIME, UNAVAILABILITY, UNRELIABILITY, NON-PERFORMANCE, INTERRUPTION, OR CESSATION OF TRANSMISSION OF, TO, OR FROM THE DIGITAL SERVICES OR SOCIAL MEDIA CHANNELS OR THE SERVICE OR COVERAGE OF OUR UNDERLYING WIRELESS CARRIER’S NETWORK; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR DIGITAL SERVICES OR SOCIAL MEDIA CHANNELS BY ANY THIRD PARTY; ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE PT LABS LLC SERVICES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES OR OUR SOCIAL MEDIA CHANNELS OR OTHERWISE PROVIDED IN CONNECTION WITH THE PT LABS LLC SERVICES, ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR OUR UNDERLYING WIRELESS CARRIER’S NETWORK OR DISRUPT SERVICE; OR DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION OF SERVICE BY OUR UNDERLYING WIRELESS CARRIER, IN EACH CASE, WHETHER CHOATE OR INCHOATE, WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PT LABS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 22 – WARRANTIES
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THE PT LABS LLC LIMITED PRODUCT WARRANTY, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF (I) THE PT LABS LLC SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PT LABS LLC SERVICES AND (II) THE PRODUCT FIRMWARE, ARE PROVIDED BY PT LABS LLC ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PT LABS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE PT LABS LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PT LABS LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE PT LABS LLC CONTENT, PT LABS LLC SERVICES, OR CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PT LABS LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. PT LABS LLC DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. PT LABS LLC DOES NOT WARRANT THAT THE PT LABS LLC SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PT LABS LLC SERVICES, THE PRODUCT FIRMWARE, OR PT LABS LLC OR ITS HOSTING PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO PT LABS LLC PARTY WILL BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, OR ANY OTHER MATERIALS DUE TO YOUR USE OF THE PT LABS LLC SERVICES OR YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE PT LABS LLC SERVICES OR THE PRODUCT FIRMWARE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PT LABS LLC SERVICES (OR ANY PART OF THE FOREGOING), OR ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PT LABS LLC SERVICES, OR THE PRODUCT FIRMWARE OR ANY PART THEREOF
●WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR
●WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE;
●WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; OR
●WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE PT LABS LLC SERVICES AND PRODUCT FIRMWARE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PT LABS LLC SERVICES OR ANY INFORMATION OR DATA MADE AVAILABLE THROUGH USE OF THE PRODUCT FIRMWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE PT LABS LLC SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE PT LABS LLC SERVICES, OR THE PRODUCT FIRMWARE OR ANY INFORMATION OR DATA MADE AVAILABLE THROUGH USE OF THE PRODUCT FIRMWARE, IS AT YOUR SOLE RISK, AND PT LABS LLC HEREBY DISCLAIMS ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES RESULTING FROM SUCH USE. EVEN IF THE PT LABS LLC APP IS TESTED AND THE PAWTRACKER IS OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT THE PT LABS LLC APP WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE PT LABS LLC WILL PROVIDE ADEQUATE WARNING OR ALERT IN ANY GIVEN SITUATION, OR THAT THE PT LABS LLC APP WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS DUE TO A LOST PET OR FOR ANY OTHER REASON. YOU UNDERSTAND THAT A PROPERLY USED PT LABS LLC APP AND PAWTRACKER MAY ONLY REDUCE THE RISK OF A LOST PET OR OTHER DAMAGING EVENTS OCCURRING, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH WILL NOT OCCUR OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT. CONSEQUENTLY, NO PT LABS LLC PARTY WILL HAVE ANY LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS BASED ON A CLAIM THAT THE PT LABS LLC APP FAILED TO GIVE WARNING. FOR ALL THESE REASONS, YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE CAUTION AND INSURING LIFE AND PROPERTY WITH THE TYPES AND AMOUNTS OF INSURANCE YOU DEEM APPROPRIATE.
SECTION 23 – END USER LICENSE AGREEMENT
The following End User License Terms (“EULA”) additionally apply to govern your access and use of the Product Firmware embedded in your PawTracker, along with the terms and conditions of the Terms applicable to your access and use of the Product Firmware or that are otherwise generally applicable, including, without limitation, the Eligibility; No Use of Minors; Privacy, Children Under the Age of 13, Certain Limitations on the Digital Services and Product Firmware, Termination, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous Sections of these Terms. Please read all of these terms and conditions carefully. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR ACCEPTANCE OF THE TERMS, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS EULA, CONCERNING ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF PT LABS LLC’S SOFTWARE. AS DESCRIBED BELOW, YOU HEREBY CONSENT TO AUTOMATIC SOFTWARE UPDATES OF THE PRODUCT FIRMWARE. IF YOU DO NOT AGREE TO SUCH UPDATES, YOU SHOULD NOT USE THE PRODUCT FIRMWARE. THE (CERTAIN LIMITATIONS ON THE DIGITAL SERVICES AND PRODUCT FIRMWARE) SECTION OF THE TERMS DESCRIBES IMPORTANT LIMITATIONS OF THE PRODUCT FIRMWARE AND RELATED SERVICES, PARTICULARLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS BY AGREEING TO THE TERMS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
Subject to the terms and conditions of this EULA, PT LABS LLC grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicense able, right to access and use (1) copy of the Product Firmware, in executable form, solely as embedded in the PawTracker you own or control, and solely in connection with the PawTracker, for your internal, non-commercial use.
You shall not, directly or indirectly:
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Product Firmware or any part thereof or otherwise use (including making any copies of) the Product Firmware beyond the scope of the license granted under Section a. (License); provide any other person, including any subcontractor, independent contractor, affiliate or service provider of yours, with access to or use of the Product Firmware; combine the Product Firmware or any part thereof with, or incorporate the Product Firmware or any part thereof in, any other programs; remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Product Firmware, including any copy thereof; copy the Product Firmware, in whole or in part; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Product Firmware, or any features or functionality of the Product Firmware, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service; use the Product Firmware in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including (a) power generation systems; (b) aircraft navigation or communications systems, air traffic control systems, or any other transport management systems; (c) safety-critical applications, including medical or life support systems, vehicle operation applications, or any police, fire, or other safety response systems; and (d) military or aerospace applications, weapons systems, or environments; use the Product Firmware in violation of any law, regulation, or rule; or use the Product Firmware for purposes of competitive analysis on the Product Firmware, the development of a competing software product or service, or any other purpose that is to PT LABS LLC’s commercial disadvantage. You acknowledge that the Product Firmware contains trade secrets of PT LABS LLC, and, in order to protect such trade secrets, you agree not to disassemble, decompile, decode or reverse engineer, or otherwise attempt to derive or gain access to the source code of the Product Firmware or any part thereof nor permit any third party to do so, except to the extent such restrictions are prohibited by law. You are responsible and liable for all uses of the Product Firmware through access thereto provided by you, either directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the Product Firmware by any person to whom you may provide access to or use of the Product Firmware, whether such access or use is permitted by or in violation of this EULA. The Product Firmware may contain technological copy protection or other security features designed to prevent unauthorized use of the Product Firmware, including features to protect against any use of the Product Firmware that is prohibited under this Section. You shall not, and shall not attempt to remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
Maintenance and Support
PT LABS LLC may provide maintenance and support services, which will include provision of such updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”) as PT LABS LLC makes generally available free of charge to all licensees of the Product Firmware then entitled to maintenance and support services. PT LABS LLC may develop and provide Updates in its sole discretion, and you agree that PT LABS LLC has no obligation to develop any Updates at all or for particular issues. PT LABS LLC further agrees that all Updates will be deemed Product Firmware, all subject to the terms and conditions of this EULA. You acknowledge and agrees that PT LABS LLC may provide some or all Updates via download from a website designated by PT LABS LLC and that your receipt thereof will require an internet connection, which connection is your sole responsibility. PT LABS LLC has no obligations to provide Updates via any other media. Maintenance and support services do not include any new version or new release of the Product Firmware that PT LABS LLC may issue as a separate or new product, and PT LABS LLC may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion. PT LABS LLC has no obligation to provide maintenance and support services, including Updates: for any but the most current version or release of the Product Firmware; for any copy of Product Firmware for which all previously issued Updates have not been installed; if End User is in breach under this EULA; or for any Product Firmware that has been modified other than by or with the express authorization of PT LABS LLC, or that is being used with any hardware, software, configuration, or operating system not specified in the documentation for the Product Firmware (if any), or expressly authorized by PT LABS LLC in writing. Intellectual Property PT LABS LLC and its licensors are and will remain the sole and exclusive owners of all copyrights, trade secrets, and all other intellectual property rights and proprietary rights in and to the Product Firmware and any related specifications, instructions, documentation or other materials. You do not and will not have or acquire any ownership of these intellectual property rights or other proprietary rights in or to the Product Firmware. PT LABS LLC and its licensors reserve all rights in and to the Product Firmware not expressly granted to you in this EULA. The Product Firmware (and all copies thereof) is licensed to you, and not sold, under this EULA. There are no implied licenses under this EULA.
For purposes of this EULA, “Confidential Information” shall mean the Product Firmware and any and all other information disclosed to you that PT LABS LLC deems to be confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: is or becomes generally known to the public through no fault of yours; is previously known to you or disclosed to you by a third party without restriction on disclosure; or was independently developed by you without access to the Confidential Information. You shall protect and maintain the confidentiality of the Confidential Information at all times. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person or other third party without the prior written consent of PT LABS LLC. You shall not use any Confidential Information other than in the course of exercising your license as permitted hereunder. You shall notify PT LABS LLC in writing immediately upon discovery of any unauthorized access, use, or disclosure of Confidential Information or any other breach of this EULA, and will reasonably cooperate with PT LABS LLC to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally required to disclose any of the Confidential Information, then, prior to such disclosure, you will immediately notify PT LABS LLC prior to such disclosure to allow PT LABS LLC an opportunity to contest the disclosure assert the privileged and confidential nature of the Confidential Information, and cooperate fully with PT LABS LLC in protecting any such disclosure and/or obtaining a protective order. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. You acknowledge that the Product Software contains valuable Confidential Information of PT LABS LLC, including, without limitation, trade secrets and other proprietary information, and that any breach of this Section 11 (Confidentiality) of this EULA would constitute immediate, irreparable harm to PT LABS LLC for which monetary damages would be an inadequate remedy. In addition to all other remedies, PT LABS LLC shall be entitled to obtain specific performance and injunctive relief as a remedy for and to protect against any such breach of the EULA. If PT LABS LLC should seek an injunction hereunder, you hereby waive any requirement that PT LABS LLC submit proof of the economic value of any Confidential Information or post a bond or any other form of security.
Effect of Termination
In the case of termination of the Terms under the Termination Section, the license granted hereunder will terminate and you must stop all use of the Product Firmware, but the terms in Section b. (Restrictions) through Section g. (U.S. Government Rights) as well as the Limitation of Liability and Miscellaneous sections of the Terms applicable to the Product Firmware shall remain in effect after any such termination.
SECTION 24 – 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.