Terms of Service
PetLink, a unit of Datamars, Inc., a Delaware corporation (“we”, “us”, “our”, etc.) owns and operates the petlink.net web site (the “Site”), on which we provide a service that enables customers (each a “Customer”, or “you,” “your,” etc.) to monitor and track your pets (the “Service”). Your use of the Service is subject to the terms and conditions set forth in these Terms of Service (these “Terms” or the “Terms of Service”).
These Terms constitute a legally binding agreement by and between you and us. By accessing and using the Service, you accept these Terms and agree to the provisions, terms, conditions, and notices contained or referenced herein whether or not you become a registered user. If you do not agree with these Terms, do not use the Service.
On the condition that you comply with all your obligations under the Terms we grant to each Customer a limited, royalty-free, non-exclusive, non-transferable, terminable right and license to use the Service, which includes downloading, installing, and operating the mobile software application components, all in accordance herewith and with such instructions and documentation as we may post on the Site or otherwise promulgate from time to time. This license is for the sole purpose of using the Service for its intended purpose as outlined in the Terms. You may not copy, modify, adapt, distribute, sell, lease, or reverse engineer any part of the Service or software.
We reserve the right to make changes to these Terms at any time without notice to you by posting the changed Terms on the Site or by otherwise making them available to you with reasonable prominence. All changes shall be effective immediately thereupon. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. We may change the features and functions of the Service, over time.
Using the Service
To use the Service, you must register for an account (the “Account”). You are solely responsible for any and all activity under your Account.
You agree to use the Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet etiquette, and you are solely responsible for all acts that occur under your Account. For example and without limitation, while using the Service you agree not to: (i) violate any applicable law or regulation; (ii) infringe the rights of any third party, including, without limitation, intellectual property, privacy, and contractual rights; (iii) use information obtained through the Service for any unauthorized, improper, or illegal purpose; (iv) interfere with or damage the Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its content, or similar methods or technology; (v) use the Service to track an individual; (vi) collect any information about any other user other than as customarily arises in the course of permitted use of the Service; (viii) remove any copyright, trademark, or other proprietary right, notices, or legends contained in the Service; (ix) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service; (x) use the Service to collect information about or from minors without proper consent, or (xi) assist or facilitate any third party in doing any of the foregoing.
Username and Password
Upon registering for an Account with a valid email address, you will select a username and password. You are solely responsible for maintaining the confidentiality of your username and password, and you will not share this information with others. In the event of a breach of your Account or password, you agree to notify us immediately of any unauthorized use and to comply with our reasonable instructions. We will not be liable for any loss or damage arising from your refusal or failure to comply with this section of the Terms.
Registration and Payments
As a registered Service user, you may participate in some, but not all, of the features and services available within the Service. Some components of the Service require payment. By subscribing to the Service components that require payment, you agree to be charged on a recurring basis for subscription fees in advance of our providing such Service components to you. The subscription fee is billed annually and renewed on the first day of each billing period, unless or until you cancel your subscription. Fees are payable in advance as billed and are non-refundable unless otherwise stated. We do not refund subscription fees for unused time if you cancel during the middle of a billing cycle.
We are not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and the issuer of your credit card or your financial institution.
We reserve the right to modify our fees, but will notify you in advance of increases.
The materials available on the Site are protected by our or third parties’ rights of publicity, copyright, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Unless you have been given express written permission, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any such materials available on the Site. Notwithstanding the foregoing, you may use the materials on the Site for their intended purposes through the ordinary course and scope of the Service and in compliance with these Terms of Service.
You may not use of any of our trademarks in any manner, including as metatags on other websites. You may not display any of the Site in a frame unless done through a supported, built-in feature of the Service without our express written permission. You may, however, establish ordinary links to the homepage and other sections of the Site without our written permission.
We may provide links to third-party websites on the Site is supplied by third parties. We have no responsibility or accountability for these third-party websites. A link to another website or service is not an endorsement of that website or service or the information it provides. Your use of any information on third party websites is at your own risk.
Account Suspension or Cancellation
In our sole discretion, we may terminate your access to the Service for any reason or no reason, including, without limitation, your breach of these Terms. If your Account is terminated, your access to the Service may be affected without prior notice. We may immediately deactivate or delete any of your Accounts and all related information and files in such Accounts, and bar any further access to such files or the Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to the Service. To voluntarily terminate your access to the Service at any time via the Site, simply follow the directions provided on the Site. If for some reason you cannot sign in, you may terminate your Account by sending us written or email notice of termination to firstname.lastname@example.org.
We may, but are not obligated to, provide assistance and guidance respecting the Service through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to the Service.
Representations and Warranties
You hereby represent and warrant to us that: (a) you have the complete right, ability, and authority to enter into and perform under these Terms; and (b) your use of the Service will not violate any of these Terms.
- IF YOU USE THE SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATES, OR DISTRIBUTION PARTNERS, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE.
- NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
- YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE; OR (C) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICE OR THESE TERMS.
- WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICE OR THESE TERMS EXCEED THE AMOUNT, IF ANY, THAT YOU HAVE PAID TO US IN CONNECTION HEREWITH DURING THE THEN IMMEDIATELY PRECEDING60 DAYS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, and employees from and against each and every claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your use of the Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
We agree to defend, indemnify, and hold harmless each Customer from and against each and every third party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against you arising out of any claim that the Service infringes any third party U.S. copyright.
These Terms shall be interpreted in accordance with the laws of the State of Texas without reference to conflicts of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. You may not transfer any of your rights under these Terms of Service to any other person. The provisions stated above are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
All disputes arising out of or relating to these Terms or your use of the Service will be exclusively resolved in state or federal court located in Austin, Texas. Each party hereby irrevocably submits to the personal jurisdiction of such courts.