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PetSafe Outdoor Dog Bark Deterrent Beige – PBC00-11216
Are you the owner of a chronic barker - or a neighbor to one? Modeled to look like a birdhouse, the bark controller is battery-operated and has three settings plus a test option. PetSafe's ultrasonic outdoor bark control unit looks like any ordinary birdhouse...- $75.99 USD
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Terms & Conditions
Please read the following carefully. This is a legally binding agreement between you as an end user (as defined below) (“end user” or “you”) and Petitarian LLC., dba PetX, VetX and ShoppetX (“PetX and VetX and ShoppetX” or “we”) and this mobile platforms terms of use agreement, together with all amendments, and collectively with all PetX, VetX and ShopPetX rules and policies, including the PetX, VetX and ShopPetX privacy policy, constitute the “agreement” between you and PetX, VetX and ShopPetX regarding your access to and use of the PetX, VetX and ShopPetX mobile platform’s (“mobile platform”). By accessing or using the mobile platform, you signify that you have read the agreement and that you understand and agree to be bound by the agreement.
If you have not read the agreement, do not understand or agree to be bound by the agreement, or are not able to consent to be bound by the agreement (e.g., if you are not old enough to enter into a binding legal contract), do not use our mobile platform.
1.SCOPE AND ACCEPTANCE
Anyone who accesses or uses our Mobile Platform is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Mobile Platform and use of any and all information or data of any kind arising from access to, or use of, the Mobile Platform, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your access to any part of the Mobile Platform is deemed to be your acceptance of this Agreement, and any changes thereto.
If you are accessing or using any part of the Mobile Platform on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
2.PRIVACY POLICY
Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our End Users.
3.Description of Mobile Platform
The site, application, and services comprise an online platform through which pet owners may connect with veterinarians about a pet’s healthcare, general questions, or questions pertaining to the animal. You understand and agree that PetX, VetX and ShopPetX are not a party to any agreements entered into between veterinarians and guests, nor is PetX, VetX and ShopPetX practicing or administering any diagnosis, treatments, or healthcare suggestions and disclaims all liability in this regard to the maximum extent permitted by law.
Prior to using these services you assert that a veterinary-client-patient-relationship
(VCPR) exists with the veterinarian and pet you have connected or, in the absence of VCPR, that you are only seeking veterinary advice and not a diagnosis, treatment, or prescription medication. The regulations regarding telemedicine VCPR requirements vary from state to state.
4.INFORMED CONSENT
A. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location.
B. The telehealth Services you receive from your veterinarian are not intended to replace a veterinary client patient relationship or be your permanent medical home. As with any online health service, there are potential risks associated with use. When using this service, you understand the additional risks of telehealth and waive any liability to PetX and VetX or to the Veterinarian. These risks include but may not be limited to: In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Veterinarian; Delays in evaluation or treatment could occur due to failures of the electronic equipment or lack of access to all of your pets health records which may result in adverse drug interactions or allergic reactions or other judgment errors; an incomplete or inaccurate diagnosis of the pet. If your pet is experiencing an emergency, you should visit an emergency room or call your primary veterinary clinic immediately. It is not recommended to use our Service when your pet is having an emergency.
C. By accepting these Terms of Use, you acknowledge that you understand and agree with the following: you may expect the anticipated benefits from the use of telehealth, but that no results can be guaranteed or assured. In some instances, your veterinarian may determine that the Services are not appropriate for some or all of your pet’s treatment needs, and accordingly may elect not to provide telehealth services to you. In the event an in-office visit is required, your veterinarian may charge you for services rendered through PetX, VetX or ShopPetX.
D. You may also be able to send written notes to your veterinarian by creating a “Chat Only” appointment through the Mobile Platform. You should not rely on a “Chat Only” appointment if you need immediate attention from a Treating Provider or other health care professional. If your pet is experiencing a medical emergency, you should contact the nearest emergency clinic. You understand and agree that messaging with veterinarians over a “Chat Only” appointment does not give rise to a veterinary-patientclient-relationship (VCPR), and does not by itself constitute treatment, diagnosis, or medical advice, i.e. Telemedicine, unless a VCPR has already been established or can be established according to the states regulations in which the veterinarian is licensed.
E. elemedicine is the delivery of health care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location and where a VCPR has been either previously established or is not required due to the states regulations. In these instances, a veterinarian may diagnose, deliver care, and prescribe medications from a distance through the Mobile Platform.
5.OPERATION
The specific features and functionality of the Mobile Platform are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Mobile Platform. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Mobile Platform at any time.
6.INACCURACIES
We take great efforts to provide accurate information on the Mobile Platform. However, we disclaim, and you release us from any liability regarding, errors, inaccuracies, and omissions of the Mobile Platform. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. PetX, VetX and ShopPetX makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Mobile Platform. If you believe any portion of the Mobile Platform includes an error or inaccuracy, please notify us.
7.PERMITTED USE
Certain PetX and VetX materials provided through the Mobile Platform are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Mobile Platform that is not expressly designated as being provided by another End User is the property of PetX, VetX and ShopPetX and its content providers, and PetX, VetX and ShopPetX and its content providers retain all right, title, and interest in the content. Subject to the terms of this Agreement, you are granted a limited, personal, nonexclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Mobile Platform and related materials solely for your own noncommercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Mobile Platform shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of PetX, VetX and ShopPetX or any third party. Except as expressly permitted by the Agreement, in connection with the use of the Mobile Platform, you may not:
(a) alter or modify the Mobile Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Mobile Platform, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Mobile Platform; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Mobile Platform, or related materials; or
(c) remove or modify any proprietary notice or labels on the Mobile Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other Mobile Platform; or
(d) use the Mobile Platform for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by PetX, VetX and ShopPetX or any third party; or
(f) use the Mobile Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Mobile Platform, or access data on the Mobile Platform not intended for you, except as specifically authorized by PetX, VetX and ShopPetX, or
(h) impersonate or misrepresent your affiliation with any person or entity; or
(i) use any automated means to access or use the Mobile Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Mobile Platform, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) attempt to or actually disrupt, impair, or interfere with the Mobile Platform, or any information, data, or materials posted and/or displayed by PetX, VetX and ShopPetX; or (k) attempt to probe, scan, or test the vulnerability of the Mobile Platform or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to interfere with or disrupt access to or use of the Mobile Platform by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.
8.THIRD PARTY PROPERTIES REFERRED TO ON THE MOBILE PLATFORM
Our Mobile Platform may refer to physical venues, geographical sites, Mobile Platforms on the Internet, and/or products or services that are not under the control of or maintained by PetX, VetX and ShopPetX (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by PetX, VetX and ShopPetX of any such Third-Party Properties. You acknowledge that PetX, VetX and ShopPetX is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that PetX, VetX and ShopPetX is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. PetX,
VetX and ShopPetX does not endorse or make any representations about any ThirdParty Properties. If you access, visit, or use any Third-Party Properties referred to on our Mobile Platform, you do so at your own risk.
9.AVAILABILITY OF THE MOBILE PLATFORM
It is not possible to operate our Mobile Platform with 100% guaranteed uptime. PetX, VetX and ShopPetX will make reasonable efforts to keep our Mobile Platform operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Mobile Platform. You agree that PetX, VetX and ShopPetX shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Mobile Platform.
10.LIMITATION OF LIABILITY AND RELEASE
To the maximum extent permitted by applicable law and notwithstanding any other provision of this agreement, in no event shall my PetX, VetX and ShopPetX or any of its affiliates or suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any direct, indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), nor for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with the existence, access to, use of, or inability to use the Mobile Platform or relating to any materials, information, qualification, or recommendations on the Mobile Platform, even if PetX, VetX and ShopPetX or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
You expressly waive and release any and all rights and benefits under section 1542 of the civil code of the state of California (or any analogous law of any other state), which reads as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.”
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).
11.INDEMNITY
You agree to indemnify, defend, and hold harmless PetX, VetX and ShopPetX, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement and any activity related to your use of the mobile platform or the information contained on the mobile platform.
12.TERMINATION
You agree that PetX, VetX and ShopPetX may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Mobile Platform at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to PetX, VetX and ShopPetX for which monetary damages would be inadequate. You consent to PetX, VetX and ShopPetX obtaining any injunctive or equitable relief that PetX and VetX deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies PetX, VetX and ShopPetX may have at law or in equity.
13.INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PetX, VetX and ShopPetX and its licensors. Copyright, trademark, and other laws of both the United States and foreign countries protect the Service. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PetX, VetX and ShopPetX.
14.GENERAL
A. Modifications
At any time and in PetX, VetX and ShopPetX sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions on the Mobile Platform. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Mobile Platform. All changes to the Agreement shall be effective immediately.
B. Access and Use Where Prohibited
Access to and use of our Mobile Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.
C. Operation of the Mobile Platform from the United States of America
By accessing and using the Mobile Platform, you acknowledge and agree that PetX, VetX and ShopPetX controls and operates all parts of the Mobile Platform from its offices in the United States of America and that the Mobile Platform, and the information contained on the Mobile Platform, is intended for use by End Users located in the United States of America. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, PetX, VetX and ShopPetX makes no representation that the Mobile Platform, or the information contained on the Mobile Platform, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Mobile Platform is solely directed to individuals, companies, or other entities located in the United States of America. PetX, VetX and ShopPetX reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Mobile Platform is void where prohibited. If you access or use the Mobile Platform from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Mobile Platform in violation of applicable export laws and regulations.
If you access the Mobile Platform from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.
D. Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of Wyoming, without regard to the choice or conflicts of law provisions of any jurisdiction. You and PetX, VetX and ShopPetX agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Mobile Platform or the Agreement will be exclusively in the federal or state courts of Wyoming.
E. Dispute Resolution
PetX, VetX and ShopPetX intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to PetX, VetX and ShopPetX in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. PetX, VetX and ShopPetX shall respond within ten (10) business days with identical information from its perspective. You and a representative of PetX, VetX and ShopPetX shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and PetX, VetX and ShopPetX mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and PetX, VetX and ShopPetX fail to resolve the matter, you and PetX, VetX and ShopPetX shall seek to mediate the dispute with a neutral third party. Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties. You agree that you will not bring or be a party to any class-action lawsuit against PetX, VetX and ShopPetX.
F. Unsolicited Materials and End User’s Grant of Limited Licensed
In operating our Mobile Platform, PetX, VetX and ShopPetX does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Mobile Platform, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to PetX, VetX and ShopPetX (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to PetX, VetX and ShopPetX, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with PetX, VetX and ShopPetX, including submitting or sending content to us, you grant PetX, VetX and ShopPetX the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a PetX and VetX feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to PetX, VetX and ShopPetX. You also warrant that any "moral rights" in such content is waived.
G. Miscellaneous
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Mobile Platform, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If PetX, VetX and ShopPetX does take any legal action against you as a result of your violation of the Agreement, PetX, VetX and ShopPetX will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to PetX, VetX and ShopPetX. You agree that PetX, VetX and ShopPetX will not be liable to you or to any third party for termination of your access to, or use of, any of our Mobile Platform as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by PetX, VetX and ShopPetX. Any purported assignment lacking such consent will be void at its inception. PetX and VetX may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Mobile Platform.
15.CONTACT US
If you have any questions about these Terms and Conditions, please contact us at support@petx.vet or support@vetx.vet and support@shoppetx.com.
Last Updated: 9/15/2020
Petitarian LLC
30 N. Gould Street
Suite 2895
Sheridan, WY
(855) 922 4554
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