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Terms and Conditions
1. The Service
The Service consists of a browser interface, data encryption, data transmission, data access (as available) and, if applicable, data storage. As used in this Agreement the terms "You" and "Yours" encompasses each user accessing the Service by means of a valid account established by You including, if you are a corporation, all employees of Your corporation. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service.
Power Pet Sitter LLC makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. Power Pet Sitter LLC will inform You of any significant changes to the Service or the terms and conditions of this Agreement that it may make from time to time.
2. Use of Proprietary Software
Power Pet Sitter LLC grants to You subject to the terms and conditions of this Service Agreement, an individual, personal, non-sub licensable, non-exclusive and non-transferable license to use Power Pet Sitter LLC's proprietary Software ("Power Pet Sitter LLC Software"), in object code form only, and only in accordance with the applicable end user documentation, if any, and solely in conjunction with this Service Agreement. Neither You (and if You are a company, none of Your employees) will, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Power Pet Sitter LLC Software; modify, translate, or create derivative works based on the Power Pet Sitter LLC Software; or rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Power Pet Sitter LLC Software; use the Power Pet Sitter LLC Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the Power Pet Sitter LLC Software. You acknowledge that Power Pet Sitter LLC retains exclusive ownership throughout the world of all Power Pet Sitter LLC Software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate, and You, and any user accessing the Service by means of a company account, if applicable, will cease to use or have access to the Power Pet Sitter LLC Software.
3. Restrictions and Policies
A. General Use. You will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. You agree not to transmit or permit Your employees to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend, indemnify and hold Power Pet Sitter LLC harmless against any claim or action that arises from Your use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
4. Account Information and Data
Power Pet Sitter LLC does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Power Pet Sitter LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Power Pet Sitter LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Power Pet Sitter LLC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Power Pet Sitter LLC shall have no obligation to maintain or forward any Customer Data.
5. Provision of Contact and Billing Information and Payment of Fees
A. General Use. If the terms of Your Power Pet Sitter LLC Online account require You to pay for the Service, You agree to provide Power Pet Sitter LLC with accurate billing information and with truthful, accurate, and complete contact information, including Your legal name, company name, street address, e-mail address, and telephone number, and to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, Power Pet Sitter LLC reserves the right to terminate Your access to the Service immediately without any obligation to return Your data. You agree to pay Power Pet Sitter LLC the then applicable fees (the "Fees") by a payment method to be determined by Power Pet Sitter LLC in its sole discretion (credit card, invoice, purchase order, prepayment or other payment method). Power Pet Sitter LLC reserves the right to change the form of payment upon reasonable prior notice to You. Power Pet Sitter LLC reserves the right to change the Fees, applicable charges and usage policies and to institute new charges at any time, upon at least thirty (30) days prior notice to You (which may be sent by e-mail). Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
B. Billing and Renewal. Power Pet Sitter LLC charges and collects in advance for use of the Service. Power Pet Sitter LLC will automatically renew and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) every quarter for quarterly licenses, or (c) each year on the subsequent anniversary for annual licenses. The renewal charge will be equal to the then-current license fee in effect at the time of renewal. Fees for other services will be charged on an as-quoted basis. Power Pet Sitter LLC's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Power Pet Sitter LLC's income.
C. Delinquent Payment. For credit card payments, Your account will be considered delinquent if Your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid 30 days following the billing cycle. For invoices, full payment for invoices issued in any given month must be received by Power Pet Sitter LLC within thirty (30) days after the mailing date of the invoice, or Your Power Pet Sitter LLC account will be considered delinquent. Your access to the Service may be suspended if Your account is delinquent. Power Pet Sitter LLC may impose a charge to restore archived data from delinquent accounts. Unpaid charges are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. Any account which is suspended for more than 30 days will be terminated without any obligation on the part of Power Pet Sitter LLC to maintain Your data.
If You believe Power Pet Sitter LLC has billed You incorrectly, You must contact Power Pet Sitter LLC in writing no later than thirty (30) days after the Billing Date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
6. Publicity and Marketing
If You become a paying subscriber of the Service, Power Pet Sitter LLC may, at its discretion, issue a press release announcing the use of the Service by You. If use of the Service performs to Your satisfaction, You agree to provide Power Pet Sitter LLC with a quote from the primary decision maker and a user of the Service, as well as work with Power Pet Sitter LLC to approve, and not unreasonably withhold approval for, a press release. As of the effective date of paid subscription activation, You hereby grant Power Pet Sitter LLC the right to reference You, along with Your logo, on the customers section of Power Pet Sitter LLC's web site until such time as: (a) this agreement is terminated or (b) You discontinue use of the Service.
7. Passwords and Security
You will choose or be given all applicable passwords to use in connection with the Service. You are entirely responsible for maintaining the confidentiality of Your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You). Furthermore, You are entirely responsible for any and all activities that occur under Your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by You), and You shall ensure that You exit from Your account at the end of each session. You shall notify Power Pet Sitter LLC immediately of any unauthorized use of Your account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by You) or any other breach of security. Power Pet Sitter LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
8. Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the Effective Date. The Initial Term will be one month, three months, or one year as determined by your election during the subscription process, commencing on the date you agree to pay for the Service. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at Power Pet Sitter LLC's then current fees. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. You agree and acknowledge that Power Pet Sitter LLC has no obligation to retain the Customer Data, and may delete such Customer Data, after termination.
9. Termination for Cause
Any breach of your payment obligations or unauthorized use of the Service will be deemed a material breach of this Agreement. Power Pet Sitter LLC, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Power Pet Sitter LLC may terminate a free account at any time in its sole discretion. You agree and acknowledge that Power Pet Sitter LLC has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
10. Warranty and Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND Power Pet Sitter LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Power Pet Sitter LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.
11. Internet Delays
Power Pet Sitter LLC'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Power Pet Sitter LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
12. Limitation of Liability
Power Pet Sitter LLC'S TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO Power Pet Sitter LLC FOR THE SERVICE UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. NEITHER Power Pet Sitter LLC NOR ITS LICENSORS SHALL BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF Power Pet Sitter LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. U.S. Government Matters
You may not remove or export from the United States or allow the export or re-export of any part of the Software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation licensed in this Service Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.
This Agreement is between Power Pet Sitter LLC and You, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Power Pet Sitter LLC's prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND Power Pet Sitter LLC AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN THE COUNTY OF FULTON IN THE STATE OF GEORGIA. You and Power Pet Sitter LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Power Pet Sitter LLC in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.