These Terms and Conditions constitute a binding contract between Customer and the Company (Global Pet Search®, Inc.) and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with the Company or shopping on Company's Website (the "Site") or otherwise requesting products (the "Products") or engaging Company to perform or procure any Services . These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on the Site at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by Company and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures, credit card and check approval processes in the Company Shopping Cart (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
Customers may order services (collectively, "Services") from or through the Company from time to time. Certain Services, including, but not limited to, Pawtag® Pet Identification tags, published pet rescue services and Lifetime Membership protection are detailed in the Terms & Conditions for Membership services as noted on the Website and customer agrees to those terms and conditions upon membership registration required to activate the Pawtag® services. Customer fully understands tag product registration is required and agrees to enact the required online Pawtag® registration to receive the services purchased. Company shall not be responsible for any customer services being provided the Customer without the required member registration process being completed.
The Customer is solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your Membership Account page once you have logged in. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Company of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until the Company is notified of a breach in security, you will remain liable for any unauthorized use of the Pawtags.com Service through your account. In consideration for using the Pawtags.com Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, the Company reserves the right to terminate your Membership.
Modifications to the Service and to Terms of Service
The Company reserves the right to modify or discontinue the Company’s Service with or without notice to you. The Company shall not be liable to you if Company modifies or discontinues its Service. Company may change the terms and conditions of the Terms of Service at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of these Terms of Service, Company may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new Terms of Service on the Company Service. By using the Company Service after any change in the Terms of Service you acknowledge and accept changes to the Terms of Service.
Buyer acknowledges and agrees that the delivery dates are estimates only and may be changed. Company will use commercially reasonable efforts to deliver in accordance with the delivery dates, however, Company will not be liable for failure to deliver as estimated. In the event that Company’s ability to supply products becomes constrained, for any reason whatsoever, Company may reduce quantities, delay shipments, or allocate products among its customers at its discretion. Any product or service sold or provided by Company shall be deemed accepted by Customer upon delivery The prices for products and services covered hereunder shall be those agreed upon between the parties Unless otherwise agreed upon between the parties, the prices stated herein do not include any State Sales taxes unless noted as required. Buyer shall pay, in addition to the prices stated, the amount of any present or future taxes required by their state and applicable to the sale of products or performance of services, or in lieu thereof, Buyer shall supply Company with an appropriate tax exemption certificate.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS , EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUC T FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S).
THESE TERMS AND CONDITIONS, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN CLARK COUNTY, NEVADA, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Company under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
This Terms of Sale was last updated on October 1, 2008 Global Pet Search® Inc. USA