Modifications. From time to time we may change these Subscription Terms and/or the service descriptions, policies, instructions or pricing applicable to any Subscription. Any changes will be effective upon posting on www.mypetcredentials.com. We will use reasonable measures to ensure that changes are prominently posted in a manner designed to afford notice to our subscribers. You are responsible to periodically check for the most current terms that apply to your Subscription. Your continued use of a Subscription following the posting of any changes will constitute your acceptance of the changes.
Eligibility. Subscriptions are limited to parties that lawfully enter into contracts under applicable law. If you are under the age of 18 you are prohibited from subscribing. You also confirm that if you are a business, you are duly organized, validly existing and in good standing under the laws of the jurisdiction in which your business is registered and that you have the authority to enter into this agreement and perform your obligations.
Your Account. To subscribe you must create an account associated with a valid e-mail address. Accounts may not be sold or transferred. Unless expressly authorized by us in writing you may only create one account per email address. To create an account, register and subscribe, you must provide your name, address and e-mail, select a password, provide valid credit card information, and other information required by the Subscription for which you enroll. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). We are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized party may be using your account or if any of your account information is lost or stolen.
Password Security. Your password may be used only to use your Subscription, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must change your password.
Subscription Payment. When you click on the button that activates your Subscription your payment method will be charged as described in the enrollment documentation on our website. Thereafter your payment method will be charged periodically in the amount of the recurring and non-refundable fee specified in the documentation for the Subscription you have selected. We reserve the right to modify Subscription pricing and will prominently post notice of any pricing changes. You always have the right to cancel your Subscription if you do not agree to any price changes. The continuation of your Subscription after notice of any price changes will constitute your acceptance of such changes.
RECURRING BILLING. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION DISCUSSES THE BILLING OPTION FOR THE SUBSCRIPTION IN WHICH YOU ARE ENROLLING. YOU WILL BE DEEMED TO HAVE ORDERED, AGREED TO RECEIVE, AND BE LIABLE FOR ONGOING PERIODIC PAYMENTS FOR THE SUBSCRIPTION YOU HAVE SELECTED UNLESS YOU NOTIFY US TO CANCEL YOUR SUBSCRIPTION. When you select a fee-based Subscription you are agreeing to pay the specified recurring periodic fee until you cancel your enrollment. Recurring Subscription fees are payable in advance. Using the payment information provided in your account application, your payment method will be automatically charged for that amount.
HOW TO CANCEL YOUR SUBSCRIPTION. Unless you send a confirmed email cancellation request to our customer service department at firstname.lastname@example.org, your Subscription will continue for the applicable Subscription period and your credit card on file will be automatically charged. Your request for cancellation will be processed immediately; however, you are responsible for payment for any Subscription period that has already commenced at the time of your cancellation. Cancellation requests submitted prior to the end of the applicable Subscription period do not result in the return or refund of any partial fee.
Payment Service. In order to engage in a fee-based transaction with us you must use our payment service. Payment transactions may be conducted with any major credit or debit card accepted by us. Our payment service helps facilitate your transactions with us. Use of the payment service is available to individuals and entities who meet the terms of eligibility and whose applications are acceptable to us. The payment service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. You represent to us that the payment information you provide during the account setup and activation process is current, accurate and correct and that the payment mechanism you provided is sufficient to cover payment of the recurring fees associated with your Subscription. Should any payment method you use fail or is later reclaimed by a bank or card issuer you agree to pay any costs incurred by us. We accept payments by credit or debit card only. For your convenience and to keep our costs to a minimum we hold your payment details on a secure server and take payments automatically. If your account remains unpaid for 45 days past the due date it will be cancelled and your ability to access and use the Subscription and any related digital tools will cease. We reserve the right to charge interest at the maximum rate permitted by applicable law on all amounts that remain outstanding 30 days after payment is due. Accounts cancelled for non-payment may be reinstated; however, some information associated with a cancelled account may not be retrieved.
Compliance with Laws. Your Subscription may be used only for lawful purposes and in a lawful manner. You may not register under a false name or use an invalid or unauthorized credit card. You represent and warrant that the information you provide in materials associated with the creation of your account is accurate and complete. You may not impersonate another person or use another person’s password(s). You must comply with all applicable laws when using your Subscription. By way of illustration and not limitation, you will not, directly or indirectly:
- store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available concerning the services provided by us (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work;
- use any automated tool (e.g., robots, spiders) to access or use our services or to store, copy, modify, distribute, or resell any Service Content;
- rent, lease, or sublicense your access to our services to another person;
- use your Subscription or Service Content for any purpose except for your own use;
- circumvent or disable any digital rights management, usage rules, or other security features of our services;
- use our services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our services; or
- directly or indirectly reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any aspect of our services or circumvent or disable any security or technological features.
Your Content. BY POSTING, PROVIDING OR DISSEMINATING ANY CONTENT, YOU REPRESENT AND WARRANT THAT (1) YOUR POSTING OF SUCH CONTENT, AND (2) USE OF YOUR CONTENT BY US, WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY. You understand that all content is the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email disseminate or otherwise make available through the Subscription. You will not use our services or any aspect of it to:
- harm us or third parties in any way;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- upload, post, or otherwise transmit or disseminate any content that you do not have a right to transmit;
- upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other right of any party;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any equipment;
- violate any applicable local, state, national or international law or regulation;
Our Reservation of Rights and Termination. We retain the right to determine the content, appearance, design, functionality and all other aspects of the proprietary pet records management platform to which you are subscribing. We may re-design and alter the digital platform from time to time in order to improve the quality of your experience. You agree that we may, in our discretion, terminate your Subscription, delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of any Subscription immediately and without notice if we believe that you have failed to comply with your obligations under this agreement. In such case we will not be liable to you or any third-party for any such termination or restriction of your access to the Subscription or our digital pet records management platform. Either of us may terminate this relationship at any time by notice effective immediately. Termination shall not give rise to any liability on our part and we shall be under no obligation to refund subscription fees under any circumstances. Upon any termination of this agreement your account will be closed and your ability to use our proprietary digital platform, services and associated digital tools shall terminate without obligation or liability to us.
Disclaimer of Warranties. We attempt to make the services included in your Subscription complete, reliable, current, and error-free. However, our Subscription services are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, concerning our services. To the fullest extent permissible under applicable law we disclaim any and all such warranties including without limitation:
- any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- that the Subscription services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error:
- any implied warranty arising from course of dealing or usage of trade; and
- any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence.
Indemnity and Defense. You will defend, indemnify and hold us harmless from and against any and all claims, cost, loss, damage and expense (including reasonable attorneys' fees) that arise out of or relate to your use of the Subscription; any actual or alleged breach of your representations, warranties, or obligations set forth in this agreement; and any content you provide or disseminate by or through our services including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
Limitation of Liability. We are not liable for damages of any kind, including without limitation direct, indirect, incidental, punitive or consequential damage or loss arising out of or in connection with any Subscription, your inability to use our services, or those resulting from any content that you receive or disseminate by or through our services platform. In no event shall our liability exceed the amount of any subscription fees you have paid to us in connection with transactions under which the claim arose.