Your use of the PETtrac Pet Recovery Network, a pet recovery service owned and operated by Avid Identification Systems Inc. is contingent upon acceptance of and compliance with the following Terms of Use. By using the PETtrac Pet Recovery Network, you acknowledge that you agree to these terms. If you do not agree to these Terms of Use, please do not access or use PETtrac.
Acceptance of Terms
- Electronic Signature
This agreement is an electronic contract that governs your use of and access to the pet recovery service. By checking the box on the enrollment screen, you acknowledge that you understand and agree to be legally bound by this agreement and the terms and conditions set forth below in this agreement. Checking the box creates an electronic signature that authorizes the release of your enrollment information for the purpose of the welfare or recovery of your pet. Your electronic signature has the same force and effect as if you had affixed your signature by hand on paper.
Use of this Pet Recovery Service
Your use of this Pet Recovery Service constitutes an agreement between you and Avid Identification Systems Inc. (“AVID”), which consists of the terms and conditions set forth herein. This Pet Recovery Service is offered for the purpose of reuniting lost pets with their owners by means of microchip identification, specifically registering RFID microchips. AVID reserves the right to transfer ownership of an animal to another person or entity who shows sufficient proof of ownership if AVID cannot reasonably reach the person on record as the owner of the animal.
Limitation of Liability
The Pet Recovery Service is provided for your use without any warranties, express or implied. By using the Pet Recovery Service, you agree to assume all risk associated with the use of this Pet Recovery Service. You further agree to hold harmless AVID, its officers, directors, employees and agents from all claims arising out of or related to your use of, or inability to use, this Pet Recovery Service. You agree that AVID will not be liable for any damage or loss caused or alleged to be caused by you in reliance on any information contained in the Pet Recovery Database. In no event shall AVID, its officers, directors, employees or agents be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of this Pet Recovery Service.
Disclaimer
AVID does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and content found or offered in PETtrac's Pet Recovery Database for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or typographical errors and AVID expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. AVID does not guarantee that a lost pet will be returned to its owner and AVID does not guarantee that the Pet Recovery Service will be used by the person and/entity that finds a lost pet.
Purchases
You agree to pay all fees or charges to your account based on AVID’s fees, charges, and billing terms in effect. If AVID cannot charge your credit card or other payment methods for any reason, AVID reserves the right to either suspend or terminate your account and these Terms and/or not process your order. You are expressly agreeing that AVID is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and/or purchase of services on this Site and the fees will be billed to your credit card or other payment method designated by you and if the fees are for a subscription or other recurring service, thereafter at regular intervals for the remainder of the term of service.
Refunds
You agree and represent that all information you provide for the purpose of enrolling in our pet recovery service is accurate, complete and current, and that the credit card being used bears your name or you have authorization from the owner to use said credit card. You authorize Avid Identification Systems Inc. (Avid) to process and charge your credit card for the enrollment fees as applicable at the time you click the submit button. You understand that once your credit card is charged for enrollment fees, if for any reason you change your mind or something beyond your control causes you to have to cancel your enrollment, you have 5 days to request a refund.
Indemnification
By using this Pet Recovery Service, you agree to fully indemnify, defend, and hold harmless AVID and its affiliates and their respective officers, directors, employees, agents, successors, licensees and assigns (collectively, " AVID"), from and against any and all claims, losses, damages, expenses, and liability, including attorneys’ fees, arising from or related to your use of the Pet Recovery Service. Your use of this Pet Recovery Service constitutes an agreement between you and AVID . This agreement, which consists of the terms and conditions set forth herein, shall be governed by, construed under and enforced in accordance with the laws of the State of California. Any action in connection with, relating to and/or arising from this agreement shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You acknowledge and consent to jurisdiction in the State of California for any claims arising from your use of this Pet Recovery Service.
Class Action Waiver
Any dispute proceedings brought in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. You will not seek to have any dispute heard as a class action or in any proceeding in which either party acts or proposes to act in a representative capacity.
Marketing
We may use the personally identifiable information you provide to us to: (i) provide you with requested information, products or services that you have requested or purchased, (ii) contact you directly while performing our Pet recovery services, (iii) send you email communications regarding products and services that may be of interest to you, unless you have told us not to, (iv) improve the content and general administration of our Site and services, and (v) allow you access to your registered accounts and information, (vi) qualified third-parties, such as veterinarians, shelters and rescue organizations, for the purpose of the welfare or recovery of your pet.
General
If you violate these Terms, AVID may terminate and/or suspend your access to this Site without notice. However, certain violations of these Terms, as determined by AVID, may result in immediate termination of your access to this Site. AVID has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. AVID’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and AVID and supersede all prior or contemporaneous negotiations, discussions or agreements between you and AVID about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
