Last Updated: 09.18.25
Website Terms of Use and Pawbase Subscription Service Terms
Website Terms of Use and
Pawbase Subscription Service Terms
Website Terms of Use and Pawbase Subscription Service Terms
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
TERMS AND CONDITIONS OF WEBSITE AND APP USE
Please read these terms and conditions of use between you and PAWBASE, INC. ("PAWBASE”, "we" or "us") carefully. These terms and conditions of Website and App use, along with our privacy policy and the PAWBASE Pet Microchip and Collar Tag Registration Program Subscription Terms and Conditions, as applicable and as existing from time to time (the “Subscription Terms”), collectively constitute "the Agreement" between us respecting your use of this website and/or our mobile App (individually and collectively referenced herein as the "Site") and our provision of the Site for your use (the or our "website/App services"). The website/App services are provided from operations in the United States of America on behalf of PAWBASE or its affiliates, licensors, vendors, suppliers or service providers, and is intended for use and related activities that are subject only to the laws of the United States of America. If you attempt to circumvent this restriction or otherwise access the website/App services from locations outside the United States, such conduct is at your own risk and subject to the laws of the United States of America, and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the services in violation of U.S. export laws, regulations or these Terms and Conditions of Website and App Use.
Each time that you access or use the Site, you acknowledge and signify that you have read, understood, and agree to be bound by these terms of use, and applicable laws. If you do not agree to be bound by each provision of these terms of use each time that you use the Site, you may not use the Site or our website/App service. Use of the Site confirms your intention to be bound by these terms of use, as in effect from time to time.
YOUR ACCEPTANCE OF THESE TERMS:
These Terms and Conditions of Website and App Use (which includes the Privacy Policy) constitute an agreement between you and PAWBASE, and it governs your use of the website/App service. The Subscription Terms may also be applicable to you, in the event that you register to receive Subscription Services from PAWBASE. For purposes of the Agreement, "Materials" includes your name, street address, user e-mail address, your cell phone, any pet information (including without limitation any pet vaccination or other veterinary records that may be uploaded or input into your profile from time to time) and any data and any other forms of information that is submitted at any time to PAWBASE through the Site.
Each time that you access or use the Site or our website/App service, you indicate your acceptance and agreement, without limitation or qualification, to be bound by the Agreement, and you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of the Agreement, or if you are not authorized to agree to and accept the Agreement, or you do not have the legal authority to agree to and accept the Agreement, then you may not use our website/App service.
CHANGES TO THE AGREEMENT:
You may not alter, supplement, or amend the Agreement in any manner. PAWBASE may, in its sole discretion, alter, supplement or amend the Agreement from time to time as it relates to your future access or use of the Site and/or our website/App service, for any reason, and without any prior notice to you or any other person. (If you do not agree to a change, you should not use the Site or our website/App service). Changes to the Subscription Terms will be made, with notice posted or otherwise provided to you, in accordance with those terms.
AUTHORIZED USERS:
The website/App service may be used only by individuals resident in the United States of America; only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be 18 years or older to purchase our products or use the website/App service. The website/App service may not be used by individuals who have had their access terminated, nor may it be used by individuals in jurisdictions where the website/App service, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the website/App service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. PAWBASE reserves the right to limit the availability of the Site and website/App service and/or the provision of any service, feature, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of the service and/or any such service, feature, or other product that PAWBASE provides. VOID WHERE PROHIBITED.
PAWBASE endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur, including misprints or mistakes in our quoted pricing. PAWBASE is not responsible for any misprints or errors on the Site and its sole obligation will be to correct the misprint or erroneous information. PAWBASE reserves the right to change any features, products, details, pricing, data or other information available through the website/App service, at any time and from time to time without any notice to you or to any other person.
TERMINATION OF THE AGREEMENT AND THE WEBSITE/APP SERVICE:
If you breach any provision of the Agreement, then you may no longer use our website/App service.
You may terminate the Agreement (and, hence, your use of the Site and the website/App service) at any time by ceasing to access the Site. If you cease to be an active user of the Site and/or our website/App service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Policy, as amended from time to time.
PAWBASE may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the website/App service or any part of it at any time, for any reason, without any notice to you or to any other person.
PAWBASE may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your access to the Site or our website/App service (ii) restrict access to the Materials submitted to the Site or using our website/App service; and (iii) bar you from any future use of our website/App service (including without limitation, your ability to place orders for products or services with us from the Site or using the PAWBASE website/App services), upon notice to you.
PAWBASE is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may provide, use or allow others to use in connection with the website/App service (including Materials posted to the Site or submitted using the website/App service) before PAWBASE takes any remedial action that we consider, in our sole discretion, to be appropriate.
If the Agreement is terminated by you or by PAWBASE for any reason, then the Agreement will continue to apply and be binding upon you regarding your prior use of the website/App service, including payment of any charges accrued in connection with use of the PAWBASE products or services.
DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY:
PAWBASE strives to make your use of the website/App service and Site a useful and enjoyable experience. Nevertheless, PAWBASE and its licensors, vendors, suppliers and service providers, do not accept any liability for your use of the website/App service, and you understand and agree that you assume all risk of the use of the Site and the website/App service. For that reason, the following provisions apply to your use of the Site and our website/App service:
DISCLAIMER:
Your use of the Site and our website/App service, including any materials, data or information obtained or provided through the Site and website/App service, is at your own risk. The Site is neither designed nor intended to be used as a disaster recovery facility or as a data storage facility. You should keep your own backup copies of all Materials you may submit or information that you may use, or allow others to use, in connection with our website/App service. Please use common sense and discretion when using the Site and our website/App service.
Use of our website/App services requires a compatible cell phone or other applicable computing device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. You are solely responsible for provisioning, configuring and maintaining all devices, equipment and software that you may use or allow others to use in connection with accessing the Site or the website/App service. Because use of the website/App services involves hardware, software, and internet access, your ability to use the website/App services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
You are solely responsible for, and bear all risks and liabilities associated with your use of the Site and our website/App service. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: use of the website/App service by you; your breach of the agreement, (including these terms and conditions of use, our privacy policy, and/or other referenced policies from time to time); your violation or infringement of the rights of other persons; or your violation of any applicable civil or criminal law. You are solely responsible for the manner in which the Materials you upload to the Site or use in connection with use of the website/App service, are used. PAWBASE (including its affiliates, licensors, vendors, suppliers and service providers), disclaims any and all responsibility and liability regarding all such matters.
The operation of the website/App service may be affected by numerous factors beyond PAWBASE's control. The operation of the Site may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated.
PAWBASE is under no obligation to verify the identity of users of our website/App service. You may find some of the content on the Site to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site and related website/App services.
PAWBASE (including its affiliates, licensors, vendors, suppliers and service providers), is not liable to you or to any other person for any loss or damage arising from or related to any misprints or errors on the Site, including the unavailability of any product or PAWBASE service, any delay in the availability of such products or services, or any changes relating to such products or services.
The website/App service is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by PAWBASE and its affiliates to the fullest extent permitted by law. These limitations may not apply to you. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.
Without limiting the generality of the foregoing, neither PAWBASE nor its affiliates, licensors, vendors, suppliers or service providers, make any representation, warranty or condition that:
The Site or website/App service will meet any requirements or be compatible with your cell phone, computer, peripherals, and related equipment, photographic equipment or software;
The Site or website/App service will be available or will function without interruption or will be free of errors or that any errors will be corrected;
The Site or website/App service, the information obtained through the Site or website/App service, or any results that may be obtained through the use of such or such information will be accurate, complete, reliable, timely, or authentic;
PAWBASE will monitor the Site or any component thereof;
The quality of any PAWBASE products, services, information or other materials purchased or obtained through the website/App service will meet your expectations;
The use of the website/App service will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs;
The use of the website/App service will not infringe the intellectual property or other rights of any person;
The Materials you upload to the Site or use in connection with the website/App service, will not be misused by any other person.
PAWBASE disclaims any and all liability regarding such matters to the fullest extent permitted by applicable law.
Liability exclusion:
Neither PAWBASE nor its affiliates, licensors, vendors, suppliers or service providers, will under any circumstances be liable to you or to any other person for any loss of use, loss of production, loss of income, savings or profits (anticipated or otherwise), loss of markets, economic loss, lost opportunity, lost personal benefit, lost property, damage to reputation or goodwill, or other special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the Site or website/App service by you or by any other person, and regardless of any negligence or other fault or wrongdoing by PAWBASE , its affiliates, licensors, vendors, suppliers or service providers, or any other person for whom PAWBASE may be responsible, and notwithstanding that PAWBASE or any of the foregoing parties may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Liability limitation:
Without limiting the foregoing, in no event will PAWBASE, its affiliates, licensors, vendors, suppliers or service providers, ever be liable to you or any other person for any claims, proceedings, demands, liabilities, obligations, damages, losses, costs or expenses, whether asserted in contract, tort or under any other theory of law or equity, and regardless of any claims of negligence, recklessness or other fault or wrongdoing, in excess of, and the entire liability of PAWBASE and its licensors, vendors, suppliers or service providers, and your exclusive remedy for any damages, claims or demands stemming from your use of the Site or website/App service shall not exceed, an aggregate of U.S. $5.00.
Release: You hereby release, remise and forever discharge PAWBASE, its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site and/or our website/App service.
Indemnity: You agree to indemnify, defend and hold PAWBASE , its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all damages, losses, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with the Materials or any use of the Site and/or the website/App service by you. You agree that you will assist and cooperate as fully as is reasonably required by the indemnified parties in the defense of any such claim or demand. Advice and information provided by PAWBASE or its representatives, on the Site or through the website/App service, whether oral or written, will not create any representation, warranty or condition, or vary or amend the agreement, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in the Agreement shall survive the termination of the Agreement.
USE OF THE WEBSITE/APP SERVICE:
Users must utilize the website/App service responsibly and with respect for all persons. Users of the website/App service must comply with all applicable laws, rules and regulations, including without limitation PAWBASE's Privacy Policy, which is part of the Agreement. In the event you are notified that you are not in compliance, you will, at your sole cost and expense, use all reasonable efforts to become compliant.
PRIVACY:
PAWBASE and its service providers do not collect, use, or disclose your personal information without your prior consent and knowledge except in accordance with our posted Privacy Policy. PAWBASE, in its sole discretion, may amend the Privacy Policy from time to time. By accepting the Agreement, and each time that you access or use the Site and/or website/App service, you consent to PAWBASE's collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or to any other person.
You agree that PAWBASE may at its discretion, from time to time and at any time, collect and use technical data and related information—including but not limited to technical information about your device, cell phone or computer system, any Application software, and peripherals—that is gathered periodically to facilitate the provision of any applicable App or software updates, product support, and other website/App services to you (if any) related to the Site and/or any products and services you may purchase. PAWBASE may use this information to improve its products or to provide website/App services or technologies to you or enhance your experience with the Site. You also consent to PAWBASE'S elective monitoring, screening, tracking and policing your use of the website/App service and the Site, without any notice or any liability to you or any other person. PAWBASE is not under any obligation to engage in such monitoring, screening or policing, but may do so as it considers appropriate in its sole discretion, without notice to you or any other person. You agree that PAWBASE or its licensors, vendors, suppliers or service providers, may, if and as necessary in connection with your Materials or your use of the Site or the website/App services from time to time, contact you directly by email or other contact information you provided through use of the Site.
You must respond promptly to all e-mail and other correspondence from PAWBASE, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the website/App service. Failure is a material breach of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION:
The Agreement, your use of the Site and website/App service, all transactions relating to the Site and website/App service, and all related matters are governed solely by the laws of the State of New Jersey, USA, and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws. Any dispute between PAWBASE and you or any other person arising from, in connection with or relating to the Site, the website/App service, the Materials you provide, the Agreement, and/or any transaction relating to the Site must be resolved before the Courts of the State of New Jersey, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Site, the website/App service, the Agreement, any transaction relating to the Site or any related matters must be commenced in a court of competent jurisdiction in the state of New Jersey within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You shall first contact us first at support@pawbasepet.com regarding any claim or controversy arising out of or relating to these Terms and Conditions of Website and App Use, or any breach thereof, or the use of the website/App services (except such claims or controversies for which injunctive relief is available), if such claim or controversy cannot be resolved by mediation within 30 days. Such unresolved claim or controversy shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. You agree that, by accepting these Terms and Conditions of Website and App Use, you and PAWBASE are each waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions of Website and App Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
OWNERSHIP AND USE OF THE SITE AND ITS CONTENT:
The Site and all of its content, as it exists from time to time, including data, photographs, videos, images, graphics, layouts and design, website or App code, animation, icons, software, descriptive content, and product and service information and other elements, are owned or licensed by PAWBASE. The Site and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Site is, under domestic and international copyright laws, a collective work owned by PAWBASE. Your use of the Site and its content does not transfer to you any ownership or other rights in the Site or its content at any time.
The Site and its content may not be used for any purpose not expressly permitted by the Agreement. In particular, except as expressly stated otherwise in the Agreement, the service and its content may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of PAWBASE. You may not use any of the software that is used in the operation of the website/App services except while you use the website/App services. You may not copy any of the software used in the operation of the website/App services. You may not reproduce, copy, duplicate, rent, lease, loan, sell, resell, distribute, modify or create any derivative works based on any part of the service or access to the website/App services, software or Site. You agree not to reverse-engineer, decompile, disassemble, or otherwise tamper with the software or the Site, or to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such website/App service or Site for any reason, or to attempt or assist another person to do so.
DMCA PROCEDURE:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice may be sent to PAWBASE at support@pawbasepet.com, and must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PAWBASE to locate the applicable content or material on the Site;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PAWBASE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; please visit http://www.loc.gov/copyright/ for more details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
INFORMATION SUBMISSIONS:
All information that you provide through our website/App service, including without limitation your name and e-mail address, street address, cell phone number, credit card or payment information, information regarding your pet and any other uploaded information, must be true, accurate, current and complete. Because PAWBASE will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, PAWBASE or others may incur as a result of your submission of any false, incorrect or incomplete information.
ADVERTISEMENTS OR PROMOTIONS:
The Site may display advertisements or promotions from time to time, including on the pages that request information from you. The manner, mode and extent of the advertising or promotion will be determined by PAWBASE in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person. From time to time and at PAWBASE’s discretion, various advertising and promotional materials may be applicable to third party suppliers, service providers or promotional partners of PAWBASE, and/or their products or services. In those instances, PAWBASE is not responsible for the third party’s advertising or promotional materials, including without limitation any pricing or promotional offer communicated in those materials. In addition, in no event will PAWBASE be deemed to endorse or recommend, or otherwise be directly or indirectly responsible for, any such third party’s products, services, promotional content, actions or activities, even if and irrespective of whether such are referenced in advertising and promotional materials appearing at any time on the Site. In addition, as noted above, PAWBASE is not liable for misprints, errors or mistakes in its advertisements, including without limitation, product pricing.
LINKING TO AND FRAMING THE SITE:
The framing of the Site or any of its content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites, to or from the Site. Also, you may not use the PAWBASE name or any of the Marks or otherwise indicate, suggest or imply that PAWBASE endorses you. Any links to the Site or its content without the express permission of PAWBASE are strictly prohibited.
MISCELLANEOUS:
If any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions. PAWBASE reserves the right to change, amend or supplement these terms and conditions, at any time and from time to time without any notice to you or to any other person.
No waiver, express or implied, by either party of any breach of or default under the Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. The Agreement, as amended from time to time by PAWBASE, constitutes the entire agreement between you and PAWBASE relating to your use of the website/App service and/or the Site, and supersedes all previous agreements, written, oral or otherwise, between you and PAWBASE with respect to your use of the Site and/or the website/App service.
The provisions of the Agreement will inure to the benefit of and be binding upon PAWBASE and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of PAWBASE, its licensors, vendors, suppliers or service providers (and intended third party beneficiaries); provided however that this Agreement is not binding upon and does not impose obligations on such licensors, vendors, suppliers or service providers or beneficiaries. You may not assign the Agreement or your rights and obligations under the Agreement without the express prior written consent of PAWBASE, which may be withheld at PAWBASE's sole discretion. PAWBASE may assign the Agreement and its respective rights and obligations under the Agreement without your consent.
Any rights not expressly granted or disclaimed by the Agreement are expressly reserved to PAWBASE.
[ END OF TERMS AND CONDITIONS OF WEBSITE AND APP USE ]
TERMS AND CONDITIONS OF WEBSITE AND APP USE
Please read these terms and conditions of use between you and PAWBASE, INC. ("PAWBASE”, "we" or "us") carefully. These terms and conditions of Website and App use, along with our privacy policy and the PAWBASE Pet Microchip and Collar Tag Registration Program Subscription Terms and Conditions, as applicable and as existing from time to time (the “Subscription Terms”), collectively constitute "the Agreement" between us respecting your use of this website and/or our mobile App (individually and collectively referenced herein as the "Site") and our provision of the Site for your use (the or our "website/App services"). The website/App services are provided from operations in the United States of America on behalf of PAWBASE or its affiliates, licensors, vendors, suppliers or service providers, and is intended for use and related activities that are subject only to the laws of the United States of America. If you attempt to circumvent this restriction or otherwise access the website/App services from locations outside the United States, such conduct is at your own risk and subject to the laws of the United States of America, and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the services in violation of U.S. export laws, regulations or these Terms and Conditions of Website and App Use.
Each time that you access or use the Site, you acknowledge and signify that you have read, understood, and agree to be bound by these terms of use, and applicable laws. If you do not agree to be bound by each provision of these terms of use each time that you use the Site, you may not use the Site or our website/App service. Use of the Site confirms your intention to be bound by these terms of use, as in effect from time to time.
YOUR ACCEPTANCE OF THESE TERMS:
These Terms and Conditions of Website and App Use (which includes the Privacy Policy) constitute an agreement between you and PAWBASE, and it governs your use of the website/App service. The Subscription Terms may also be applicable to you, in the event that you register to receive Subscription Services from PAWBASE. For purposes of the Agreement, "Materials" includes your name, street address, user e-mail address, your cell phone, any pet information (including without limitation any pet vaccination or other veterinary records that may be uploaded or input into your profile from time to time) and any data and any other forms of information that is submitted at any time to PAWBASE through the Site.
Each time that you access or use the Site or our website/App service, you indicate your acceptance and agreement, without limitation or qualification, to be bound by the Agreement, and you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of the Agreement, or if you are not authorized to agree to and accept the Agreement, or you do not have the legal authority to agree to and accept the Agreement, then you may not use our website/App service.
CHANGES TO THE AGREEMENT:
You may not alter, supplement, or amend the Agreement in any manner. PAWBASE may, in its sole discretion, alter, supplement or amend the Agreement from time to time as it relates to your future access or use of the Site and/or our website/App service, for any reason, and without any prior notice to you or any other person. (If you do not agree to a change, you should not use the Site or our website/App service). Changes to the Subscription Terms will be made, with notice posted or otherwise provided to you, in accordance with those terms.
AUTHORIZED USERS:
The website/App service may be used only by individuals resident in the United States of America; only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be 18 years or older to purchase our products or use the website/App service. The website/App service may not be used by individuals who have had their access terminated, nor may it be used by individuals in jurisdictions where the website/App service, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the website/App service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. PAWBASE reserves the right to limit the availability of the Site and website/App service and/or the provision of any service, feature, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of the service and/or any such service, feature, or other product that PAWBASE provides. VOID WHERE PROHIBITED.
PAWBASE endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur, including misprints or mistakes in our quoted pricing. PAWBASE is not responsible for any misprints or errors on the Site and its sole obligation will be to correct the misprint or erroneous information. PAWBASE reserves the right to change any features, products, details, pricing, data or other information available through the website/App service, at any time and from time to time without any notice to you or to any other person.
TERMINATION OF THE AGREEMENT AND THE WEBSITE/APP SERVICE:
If you breach any provision of the Agreement, then you may no longer use our website/App service.
You may terminate the Agreement (and, hence, your use of the Site and the website/App service) at any time by ceasing to access the Site. If you cease to be an active user of the Site and/or our website/App service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Policy, as amended from time to time.
PAWBASE may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the website/App service or any part of it at any time, for any reason, without any notice to you or to any other person.
PAWBASE may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your access to the Site or our website/App service (ii) restrict access to the Materials submitted to the Site or using our website/App service; and (iii) bar you from any future use of our website/App service (including without limitation, your ability to place orders for products or services with us from the Site or using the PAWBASE website/App services), upon notice to you.
PAWBASE is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may provide, use or allow others to use in connection with the website/App service (including Materials posted to the Site or submitted using the website/App service) before PAWBASE takes any remedial action that we consider, in our sole discretion, to be appropriate.
If the Agreement is terminated by you or by PAWBASE for any reason, then the Agreement will continue to apply and be binding upon you regarding your prior use of the website/App service, including payment of any charges accrued in connection with use of the PAWBASE products or services.
DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY:
PAWBASE strives to make your use of the website/App service and Site a useful and enjoyable experience. Nevertheless, PAWBASE and its licensors, vendors, suppliers and service providers, do not accept any liability for your use of the website/App service, and you understand and agree that you assume all risk of the use of the Site and the website/App service. For that reason, the following provisions apply to your use of the Site and our website/App service:
DISCLAIMER:
Your use of the Site and our website/App service, including any materials, data or information obtained or provided through the Site and website/App service, is at your own risk. The Site is neither designed nor intended to be used as a disaster recovery facility or as a data storage facility. You should keep your own backup copies of all Materials you may submit or information that you may use, or allow others to use, in connection with our website/App service. Please use common sense and discretion when using the Site and our website/App service.
Use of our website/App services requires a compatible cell phone or other applicable computing device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. You are solely responsible for provisioning, configuring and maintaining all devices, equipment and software that you may use or allow others to use in connection with accessing the Site or the website/App service. Because use of the website/App services involves hardware, software, and internet access, your ability to use the website/App services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
You are solely responsible for, and bear all risks and liabilities associated with your use of the Site and our website/App service. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: use of the website/App service by you; your breach of the agreement, (including these terms and conditions of use, our privacy policy, and/or other referenced policies from time to time); your violation or infringement of the rights of other persons; or your violation of any applicable civil or criminal law. You are solely responsible for the manner in which the Materials you upload to the Site or use in connection with use of the website/App service, are used. PAWBASE (including its affiliates, licensors, vendors, suppliers and service providers), disclaims any and all responsibility and liability regarding all such matters.
The operation of the website/App service may be affected by numerous factors beyond PAWBASE's control. The operation of the Site may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated.
PAWBASE is under no obligation to verify the identity of users of our website/App service. You may find some of the content on the Site to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site and related website/App services.
PAWBASE (including its affiliates, licensors, vendors, suppliers and service providers), is not liable to you or to any other person for any loss or damage arising from or related to any misprints or errors on the Site, including the unavailability of any product or PAWBASE service, any delay in the availability of such products or services, or any changes relating to such products or services.
The website/App service is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by PAWBASE and its affiliates to the fullest extent permitted by law. These limitations may not apply to you. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.
Without limiting the generality of the foregoing, neither PAWBASE nor its affiliates, licensors, vendors, suppliers or service providers, make any representation, warranty or condition that:
The Site or website/App service will meet any requirements or be compatible with your cell phone, computer, peripherals, and related equipment, photographic equipment or software;
The Site or website/App service will be available or will function without interruption or will be free of errors or that any errors will be corrected;
The Site or website/App service, the information obtained through the Site or website/App service, or any results that may be obtained through the use of such or such information will be accurate, complete, reliable, timely, or authentic;
PAWBASE will monitor the Site or any component thereof;
The quality of any PAWBASE products, services, information or other materials purchased or obtained through the website/App service will meet your expectations;
The use of the website/App service will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs;
The use of the website/App service will not infringe the intellectual property or other rights of any person;
The Materials you upload to the Site or use in connection with the website/App service, will not be misused by any other person.
PAWBASE disclaims any and all liability regarding such matters to the fullest extent permitted by applicable law.
Liability exclusion:
Neither PAWBASE nor its affiliates, licensors, vendors, suppliers or service providers, will under any circumstances be liable to you or to any other person for any loss of use, loss of production, loss of income, savings or profits (anticipated or otherwise), loss of markets, economic loss, lost opportunity, lost personal benefit, lost property, damage to reputation or goodwill, or other special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the Site or website/App service by you or by any other person, and regardless of any negligence or other fault or wrongdoing by PAWBASE , its affiliates, licensors, vendors, suppliers or service providers, or any other person for whom PAWBASE may be responsible, and notwithstanding that PAWBASE or any of the foregoing parties may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Liability limitation:
Without limiting the foregoing, in no event will PAWBASE, its affiliates, licensors, vendors, suppliers or service providers, ever be liable to you or any other person for any claims, proceedings, demands, liabilities, obligations, damages, losses, costs or expenses, whether asserted in contract, tort or under any other theory of law or equity, and regardless of any claims of negligence, recklessness or other fault or wrongdoing, in excess of, and the entire liability of PAWBASE and its licensors, vendors, suppliers or service providers, and your exclusive remedy for any damages, claims or demands stemming from your use of the Site or website/App service shall not exceed, an aggregate of U.S. $5.00.
Release: You hereby release, remise and forever discharge PAWBASE, its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site and/or our website/App service.
Indemnity: You agree to indemnify, defend and hold PAWBASE , its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all damages, losses, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with the Materials or any use of the Site and/or the website/App service by you. You agree that you will assist and cooperate as fully as is reasonably required by the indemnified parties in the defense of any such claim or demand. Advice and information provided by PAWBASE or its representatives, on the Site or through the website/App service, whether oral or written, will not create any representation, warranty or condition, or vary or amend the agreement, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in the Agreement shall survive the termination of the Agreement.
USE OF THE WEBSITE/APP SERVICE:
Users must utilize the website/App service responsibly and with respect for all persons. Users of the website/App service must comply with all applicable laws, rules and regulations, including without limitation PAWBASE's Privacy Policy, which is part of the Agreement. In the event you are notified that you are not in compliance, you will, at your sole cost and expense, use all reasonable efforts to become compliant.
PRIVACY:
PAWBASE and its service providers do not collect, use, or disclose your personal information without your prior consent and knowledge except in accordance with our posted Privacy Policy. PAWBASE, in its sole discretion, may amend the Privacy Policy from time to time. By accepting the Agreement, and each time that you access or use the Site and/or website/App service, you consent to PAWBASE's collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or to any other person.
You agree that PAWBASE may at its discretion, from time to time and at any time, collect and use technical data and related information—including but not limited to technical information about your device, cell phone or computer system, any Application software, and peripherals—that is gathered periodically to facilitate the provision of any applicable App or software updates, product support, and other website/App services to you (if any) related to the Site and/or any products and services you may purchase. PAWBASE may use this information to improve its products or to provide website/App services or technologies to you or enhance your experience with the Site. You also consent to PAWBASE'S elective monitoring, screening, tracking and policing your use of the website/App service and the Site, without any notice or any liability to you or any other person. PAWBASE is not under any obligation to engage in such monitoring, screening or policing, but may do so as it considers appropriate in its sole discretion, without notice to you or any other person. You agree that PAWBASE or its licensors, vendors, suppliers or service providers, may, if and as necessary in connection with your Materials or your use of the Site or the website/App services from time to time, contact you directly by email or other contact information you provided through use of the Site.
You must respond promptly to all e-mail and other correspondence from PAWBASE, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the website/App service. Failure is a material breach of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION:
The Agreement, your use of the Site and website/App service, all transactions relating to the Site and website/App service, and all related matters are governed solely by the laws of the State of New Jersey, USA, and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws. Any dispute between PAWBASE and you or any other person arising from, in connection with or relating to the Site, the website/App service, the Materials you provide, the Agreement, and/or any transaction relating to the Site must be resolved before the Courts of the State of New Jersey, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Site, the website/App service, the Agreement, any transaction relating to the Site or any related matters must be commenced in a court of competent jurisdiction in the state of New Jersey within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You shall first contact us first at support@pawbasepet.com regarding any claim or controversy arising out of or relating to these Terms and Conditions of Website and App Use, or any breach thereof, or the use of the website/App services (except such claims or controversies for which injunctive relief is available), if such claim or controversy cannot be resolved by mediation within 30 days. Such unresolved claim or controversy shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. You agree that, by accepting these Terms and Conditions of Website and App Use, you and PAWBASE are each waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions of Website and App Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
OWNERSHIP AND USE OF THE SITE AND ITS CONTENT:
The Site and all of its content, as it exists from time to time, including data, photographs, videos, images, graphics, layouts and design, website or App code, animation, icons, software, descriptive content, and product and service information and other elements, are owned or licensed by PAWBASE. The Site and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Site is, under domestic and international copyright laws, a collective work owned by PAWBASE. Your use of the Site and its content does not transfer to you any ownership or other rights in the Site or its content at any time.
The Site and its content may not be used for any purpose not expressly permitted by the Agreement. In particular, except as expressly stated otherwise in the Agreement, the service and its content may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of PAWBASE. You may not use any of the software that is used in the operation of the website/App services except while you use the website/App services. You may not copy any of the software used in the operation of the website/App services. You may not reproduce, copy, duplicate, rent, lease, loan, sell, resell, distribute, modify or create any derivative works based on any part of the service or access to the website/App services, software or Site. You agree not to reverse-engineer, decompile, disassemble, or otherwise tamper with the software or the Site, or to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such website/App service or Site for any reason, or to attempt or assist another person to do so.
DMCA PROCEDURE:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice may be sent to PAWBASE at support@pawbasepet.com, and must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PAWBASE to locate the applicable content or material on the Site;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PAWBASE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; please visit http://www.loc.gov/copyright/ for more details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
INFORMATION SUBMISSIONS:
All information that you provide through our website/App service, including without limitation your name and e-mail address, street address, cell phone number, credit card or payment information, information regarding your pet and any other uploaded information, must be true, accurate, current and complete. Because PAWBASE will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, PAWBASE or others may incur as a result of your submission of any false, incorrect or incomplete information.
ADVERTISEMENTS OR PROMOTIONS:
The Site may display advertisements or promotions from time to time, including on the pages that request information from you. The manner, mode and extent of the advertising or promotion will be determined by PAWBASE in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person. From time to time and at PAWBASE’s discretion, various advertising and promotional materials may be applicable to third party suppliers, service providers or promotional partners of PAWBASE, and/or their products or services. In those instances, PAWBASE is not responsible for the third party’s advertising or promotional materials, including without limitation any pricing or promotional offer communicated in those materials. In addition, in no event will PAWBASE be deemed to endorse or recommend, or otherwise be directly or indirectly responsible for, any such third party’s products, services, promotional content, actions or activities, even if and irrespective of whether such are referenced in advertising and promotional materials appearing at any time on the Site. In addition, as noted above, PAWBASE is not liable for misprints, errors or mistakes in its advertisements, including without limitation, product pricing.
LINKING TO AND FRAMING THE SITE:
The framing of the Site or any of its content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites, to or from the Site. Also, you may not use the PAWBASE name or any of the Marks or otherwise indicate, suggest or imply that PAWBASE endorses you. Any links to the Site or its content without the express permission of PAWBASE are strictly prohibited.
MISCELLANEOUS:
If any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions. PAWBASE reserves the right to change, amend or supplement these terms and conditions, at any time and from time to time without any notice to you or to any other person.
No waiver, express or implied, by either party of any breach of or default under the Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. The Agreement, as amended from time to time by PAWBASE, constitutes the entire agreement between you and PAWBASE relating to your use of the website/App service and/or the Site, and supersedes all previous agreements, written, oral or otherwise, between you and PAWBASE with respect to your use of the Site and/or the website/App service.
The provisions of the Agreement will inure to the benefit of and be binding upon PAWBASE and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of PAWBASE, its licensors, vendors, suppliers or service providers (and intended third party beneficiaries); provided however that this Agreement is not binding upon and does not impose obligations on such licensors, vendors, suppliers or service providers or beneficiaries. You may not assign the Agreement or your rights and obligations under the Agreement without the express prior written consent of PAWBASE, which may be withheld at PAWBASE's sole discretion. PAWBASE may assign the Agreement and its respective rights and obligations under the Agreement without your consent.
Any rights not expressly granted or disclaimed by the Agreement are expressly reserved to PAWBASE.
[ END OF TERMS AND CONDITIONS OF WEBSITE AND APP USE ]
TERMS AND CONDITIONS OF WEBSITE AND APP USE
Please read these terms and conditions of use between you and PAWBASE, INC. ("PAWBASE”, "we" or "us") carefully. These terms and conditions of Website and App use, along with our privacy policy and the PAWBASE Pet Microchip and Collar Tag Registration Program Subscription Terms and Conditions, as applicable and as existing from time to time (the “Subscription Terms”), collectively constitute "the Agreement" between us respecting your use of this website and/or our mobile App (individually and collectively referenced herein as the "Site") and our provision of the Site for your use (the or our "website/App services"). The website/App services are provided from operations in the United States of America on behalf of PAWBASE or its affiliates, licensors, vendors, suppliers or service providers, and is intended for use and related activities that are subject only to the laws of the United States of America. If you attempt to circumvent this restriction or otherwise access the website/App services from locations outside the United States, such conduct is at your own risk and subject to the laws of the United States of America, and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the services in violation of U.S. export laws, regulations or these Terms and Conditions of Website and App Use.
Each time that you access or use the Site, you acknowledge and signify that you have read, understood, and agree to be bound by these terms of use, and applicable laws. If you do not agree to be bound by each provision of these terms of use each time that you use the Site, you may not use the Site or our website/App service. Use of the Site confirms your intention to be bound by these terms of use, as in effect from time to time.
YOUR ACCEPTANCE OF THESE TERMS:
These Terms and Conditions of Website and App Use (which includes the Privacy Policy) constitute an agreement between you and PAWBASE, and it governs your use of the website/App service. The Subscription Terms may also be applicable to you, in the event that you register to receive Subscription Services from PAWBASE. For purposes of the Agreement, "Materials" includes your name, street address, user e-mail address, your cell phone, any pet information (including without limitation any pet vaccination or other veterinary records that may be uploaded or input into your profile from time to time) and any data and any other forms of information that is submitted at any time to PAWBASE through the Site.
Each time that you access or use the Site or our website/App service, you indicate your acceptance and agreement, without limitation or qualification, to be bound by the Agreement, and you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of the Agreement, or if you are not authorized to agree to and accept the Agreement, or you do not have the legal authority to agree to and accept the Agreement, then you may not use our website/App service.
CHANGES TO THE AGREEMENT:
You may not alter, supplement, or amend the Agreement in any manner. PAWBASE may, in its sole discretion, alter, supplement or amend the Agreement from time to time as it relates to your future access or use of the Site and/or our website/App service, for any reason, and without any prior notice to you or any other person. (If you do not agree to a change, you should not use the Site or our website/App service). Changes to the Subscription Terms will be made, with notice posted or otherwise provided to you, in accordance with those terms.
AUTHORIZED USERS:
The website/App service may be used only by individuals resident in the United States of America; only by individuals who have reached the age of majority or legal age in their jurisdictions; and only by those who can form legally binding contracts under applicable law. You must be 18 years or older to purchase our products or use the website/App service. The website/App service may not be used by individuals who have had their access terminated, nor may it be used by individuals in jurisdictions where the website/App service, or any part of it, may be illegal. It is solely your responsibility to determine whether your use of the website/App service is lawful, and you must comply with all laws applicable in your jurisdiction, including export restrictions. PAWBASE reserves the right to limit the availability of the Site and website/App service and/or the provision of any service, feature, or other product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of the service and/or any such service, feature, or other product that PAWBASE provides. VOID WHERE PROHIBITED.
PAWBASE endeavors to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur, including misprints or mistakes in our quoted pricing. PAWBASE is not responsible for any misprints or errors on the Site and its sole obligation will be to correct the misprint or erroneous information. PAWBASE reserves the right to change any features, products, details, pricing, data or other information available through the website/App service, at any time and from time to time without any notice to you or to any other person.
TERMINATION OF THE AGREEMENT AND THE WEBSITE/APP SERVICE:
If you breach any provision of the Agreement, then you may no longer use our website/App service.
You may terminate the Agreement (and, hence, your use of the Site and the website/App service) at any time by ceasing to access the Site. If you cease to be an active user of the Site and/or our website/App service, we will continue to treat any personal information you have provided to us in connection with the Site in accordance with our Privacy Policy, as amended from time to time.
PAWBASE may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the website/App service or any part of it at any time, for any reason, without any notice to you or to any other person.
PAWBASE may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your access to the Site or our website/App service (ii) restrict access to the Materials submitted to the Site or using our website/App service; and (iii) bar you from any future use of our website/App service (including without limitation, your ability to place orders for products or services with us from the Site or using the PAWBASE website/App services), upon notice to you.
PAWBASE is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may provide, use or allow others to use in connection with the website/App service (including Materials posted to the Site or submitted using the website/App service) before PAWBASE takes any remedial action that we consider, in our sole discretion, to be appropriate.
If the Agreement is terminated by you or by PAWBASE for any reason, then the Agreement will continue to apply and be binding upon you regarding your prior use of the website/App service, including payment of any charges accrued in connection with use of the PAWBASE products or services.
DISCLAIMER; LIABILITY EXCLUSION; LIABILITY LIMITATION; RELEASE AND INDEMNITY:
PAWBASE strives to make your use of the website/App service and Site a useful and enjoyable experience. Nevertheless, PAWBASE and its licensors, vendors, suppliers and service providers, do not accept any liability for your use of the website/App service, and you understand and agree that you assume all risk of the use of the Site and the website/App service. For that reason, the following provisions apply to your use of the Site and our website/App service:
DISCLAIMER:
Your use of the Site and our website/App service, including any materials, data or information obtained or provided through the Site and website/App service, is at your own risk. The Site is neither designed nor intended to be used as a disaster recovery facility or as a data storage facility. You should keep your own backup copies of all Materials you may submit or information that you may use, or allow others to use, in connection with our website/App service. Please use common sense and discretion when using the Site and our website/App service.
Use of our website/App services requires a compatible cell phone or other applicable computing device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. You are solely responsible for provisioning, configuring and maintaining all devices, equipment and software that you may use or allow others to use in connection with accessing the Site or the website/App service. Because use of the website/App services involves hardware, software, and internet access, your ability to use the website/App services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
You are solely responsible for, and bear all risks and liabilities associated with your use of the Site and our website/App service. You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: use of the website/App service by you; your breach of the agreement, (including these terms and conditions of use, our privacy policy, and/or other referenced policies from time to time); your violation or infringement of the rights of other persons; or your violation of any applicable civil or criminal law. You are solely responsible for the manner in which the Materials you upload to the Site or use in connection with use of the website/App service, are used. PAWBASE (including its affiliates, licensors, vendors, suppliers and service providers), disclaims any and all responsibility and liability regarding all such matters.
The operation of the website/App service may be affected by numerous factors beyond PAWBASE's control. The operation of the Site may not be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated.
PAWBASE is under no obligation to verify the identity of users of our website/App service. You may find some of the content on the Site to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the Site and related website/App services.
PAWBASE (including its affiliates, licensors, vendors, suppliers and service providers), is not liable to you or to any other person for any loss or damage arising from or related to any misprints or errors on the Site, including the unavailability of any product or PAWBASE service, any delay in the availability of such products or services, or any changes relating to such products or services.
The website/App service is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance, or durability, all of which are hereby disclaimed by PAWBASE and its affiliates to the fullest extent permitted by law. These limitations may not apply to you. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may also have additional rights.
Without limiting the generality of the foregoing, neither PAWBASE nor its affiliates, licensors, vendors, suppliers or service providers, make any representation, warranty or condition that:
The Site or website/App service will meet any requirements or be compatible with your cell phone, computer, peripherals, and related equipment, photographic equipment or software;
The Site or website/App service will be available or will function without interruption or will be free of errors or that any errors will be corrected;
The Site or website/App service, the information obtained through the Site or website/App service, or any results that may be obtained through the use of such or such information will be accurate, complete, reliable, timely, or authentic;
PAWBASE will monitor the Site or any component thereof;
The quality of any PAWBASE products, services, information or other materials purchased or obtained through the website/App service will meet your expectations;
The use of the website/App service will be free of viruses, trojan horses, worms or other destructive or disruptive components or bugs;
The use of the website/App service will not infringe the intellectual property or other rights of any person;
The Materials you upload to the Site or use in connection with the website/App service, will not be misused by any other person.
PAWBASE disclaims any and all liability regarding such matters to the fullest extent permitted by applicable law.
Liability exclusion:
Neither PAWBASE nor its affiliates, licensors, vendors, suppliers or service providers, will under any circumstances be liable to you or to any other person for any loss of use, loss of production, loss of income, savings or profits (anticipated or otherwise), loss of markets, economic loss, lost opportunity, lost personal benefit, lost property, damage to reputation or goodwill, or other special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the Site or website/App service by you or by any other person, and regardless of any negligence or other fault or wrongdoing by PAWBASE , its affiliates, licensors, vendors, suppliers or service providers, or any other person for whom PAWBASE may be responsible, and notwithstanding that PAWBASE or any of the foregoing parties may have been advised of the possibility of such loss or damages being incurred by you or any other person.
Liability limitation:
Without limiting the foregoing, in no event will PAWBASE, its affiliates, licensors, vendors, suppliers or service providers, ever be liable to you or any other person for any claims, proceedings, demands, liabilities, obligations, damages, losses, costs or expenses, whether asserted in contract, tort or under any other theory of law or equity, and regardless of any claims of negligence, recklessness or other fault or wrongdoing, in excess of, and the entire liability of PAWBASE and its licensors, vendors, suppliers or service providers, and your exclusive remedy for any damages, claims or demands stemming from your use of the Site or website/App service shall not exceed, an aggregate of U.S. $5.00.
Release: You hereby release, remise and forever discharge PAWBASE, its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site and/or our website/App service.
Indemnity: You agree to indemnify, defend and hold PAWBASE , its affiliates, licensors, vendors, suppliers or service providers, and their respective agents, directors, officers, and employees and all other related, associated, or connected persons (collectively, the "indemnified parties") harmless from and against any and all damages, losses, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with the Materials or any use of the Site and/or the website/App service by you. You agree that you will assist and cooperate as fully as is reasonably required by the indemnified parties in the defense of any such claim or demand. Advice and information provided by PAWBASE or its representatives, on the Site or through the website/App service, whether oral or written, will not create any representation, warranty or condition, or vary or amend the agreement, including the above disclaimers, liability exclusions, liability limitations, release, and/or indemnity provisions, and you may not rely upon any such advice or information.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in the Agreement shall survive the termination of the Agreement.
USE OF THE WEBSITE/APP SERVICE:
Users must utilize the website/App service responsibly and with respect for all persons. Users of the website/App service must comply with all applicable laws, rules and regulations, including without limitation PAWBASE's Privacy Policy, which is part of the Agreement. In the event you are notified that you are not in compliance, you will, at your sole cost and expense, use all reasonable efforts to become compliant.
PRIVACY:
PAWBASE and its service providers do not collect, use, or disclose your personal information without your prior consent and knowledge except in accordance with our posted Privacy Policy. PAWBASE, in its sole discretion, may amend the Privacy Policy from time to time. By accepting the Agreement, and each time that you access or use the Site and/or website/App service, you consent to PAWBASE's collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or to any other person.
You agree that PAWBASE may at its discretion, from time to time and at any time, collect and use technical data and related information—including but not limited to technical information about your device, cell phone or computer system, any Application software, and peripherals—that is gathered periodically to facilitate the provision of any applicable App or software updates, product support, and other website/App services to you (if any) related to the Site and/or any products and services you may purchase. PAWBASE may use this information to improve its products or to provide website/App services or technologies to you or enhance your experience with the Site. You also consent to PAWBASE'S elective monitoring, screening, tracking and policing your use of the website/App service and the Site, without any notice or any liability to you or any other person. PAWBASE is not under any obligation to engage in such monitoring, screening or policing, but may do so as it considers appropriate in its sole discretion, without notice to you or any other person. You agree that PAWBASE or its licensors, vendors, suppliers or service providers, may, if and as necessary in connection with your Materials or your use of the Site or the website/App services from time to time, contact you directly by email or other contact information you provided through use of the Site.
You must respond promptly to all e-mail and other correspondence from PAWBASE, including without limitation e-mail and correspondence concerning complaints or concerns regarding your use of the website/App service. Failure is a material breach of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION:
The Agreement, your use of the Site and website/App service, all transactions relating to the Site and website/App service, and all related matters are governed solely by the laws of the State of New Jersey, USA, and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws which may lead to the application of any other laws. Any dispute between PAWBASE and you or any other person arising from, in connection with or relating to the Site, the website/App service, the Materials you provide, the Agreement, and/or any transaction relating to the Site must be resolved before the Courts of the State of New Jersey, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there.
Any claim or cause of action that you may have arising from, in connection with, or relating to your use of the Site, the website/App service, the Agreement, any transaction relating to the Site or any related matters must be commenced in a court of competent jurisdiction in the state of New Jersey within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You shall first contact us first at support@pawbasepet.com regarding any claim or controversy arising out of or relating to these Terms and Conditions of Website and App Use, or any breach thereof, or the use of the website/App services (except such claims or controversies for which injunctive relief is available), if such claim or controversy cannot be resolved by mediation within 30 days. Such unresolved claim or controversy shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. You agree that, by accepting these Terms and Conditions of Website and App Use, you and PAWBASE are each waiving the right to a trial by jury or to participate in a class action. These Terms and Conditions of Website and App Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
OWNERSHIP AND USE OF THE SITE AND ITS CONTENT:
The Site and all of its content, as it exists from time to time, including data, photographs, videos, images, graphics, layouts and design, website or App code, animation, icons, software, descriptive content, and product and service information and other elements, are owned or licensed by PAWBASE. The Site and all of its content are protected by domestic and international copyright, trademark, and other laws. Without limiting the above, the entire content of the Site is, under domestic and international copyright laws, a collective work owned by PAWBASE. Your use of the Site and its content does not transfer to you any ownership or other rights in the Site or its content at any time.
The Site and its content may not be used for any purpose not expressly permitted by the Agreement. In particular, except as expressly stated otherwise in the Agreement, the service and its content may not be copied, imitated, reproduced, republished, mirrored, framed, uploaded, posted, transmitted, modified, crawled, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of PAWBASE. You may not use any of the software that is used in the operation of the website/App services except while you use the website/App services. You may not copy any of the software used in the operation of the website/App services. You may not reproduce, copy, duplicate, rent, lease, loan, sell, resell, distribute, modify or create any derivative works based on any part of the service or access to the website/App services, software or Site. You agree not to reverse-engineer, decompile, disassemble, or otherwise tamper with the software or the Site, or to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such website/App service or Site for any reason, or to attempt or assist another person to do so.
DMCA PROCEDURE:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice may be sent to PAWBASE at support@pawbasepet.com, and must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow PAWBASE to locate the applicable content or material on the Site;
(d) the name, address, telephone number, and e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PAWBASE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; please visit http://www.loc.gov/copyright/ for more details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
INFORMATION SUBMISSIONS:
All information that you provide through our website/App service, including without limitation your name and e-mail address, street address, cell phone number, credit card or payment information, information regarding your pet and any other uploaded information, must be true, accurate, current and complete. Because PAWBASE will rely on the information that you provide, you will be responsible for any and all loss, damage, or additional costs that you, PAWBASE or others may incur as a result of your submission of any false, incorrect or incomplete information.
ADVERTISEMENTS OR PROMOTIONS:
The Site may display advertisements or promotions from time to time, including on the pages that request information from you. The manner, mode and extent of the advertising or promotion will be determined by PAWBASE in its sole discretion, and is subject to change at any time and without any notice or any liability to you or to any other person. From time to time and at PAWBASE’s discretion, various advertising and promotional materials may be applicable to third party suppliers, service providers or promotional partners of PAWBASE, and/or their products or services. In those instances, PAWBASE is not responsible for the third party’s advertising or promotional materials, including without limitation any pricing or promotional offer communicated in those materials. In addition, in no event will PAWBASE be deemed to endorse or recommend, or otherwise be directly or indirectly responsible for, any such third party’s products, services, promotional content, actions or activities, even if and irrespective of whether such are referenced in advertising and promotional materials appearing at any time on the Site. In addition, as noted above, PAWBASE is not liable for misprints, errors or mistakes in its advertisements, including without limitation, product pricing.
LINKING TO AND FRAMING THE SITE:
The framing of the Site or any of its content in any form and by any method is strictly prohibited. You may not create links to or from commercial sites, to or from the Site. Also, you may not use the PAWBASE name or any of the Marks or otherwise indicate, suggest or imply that PAWBASE endorses you. Any links to the Site or its content without the express permission of PAWBASE are strictly prohibited.
MISCELLANEOUS:
If any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions. PAWBASE reserves the right to change, amend or supplement these terms and conditions, at any time and from time to time without any notice to you or to any other person.
No waiver, express or implied, by either party of any breach of or default under the Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. The Agreement, as amended from time to time by PAWBASE, constitutes the entire agreement between you and PAWBASE relating to your use of the website/App service and/or the Site, and supersedes all previous agreements, written, oral or otherwise, between you and PAWBASE with respect to your use of the Site and/or the website/App service.
The provisions of the Agreement will inure to the benefit of and be binding upon PAWBASE and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. The Agreement will also inure to the benefit of PAWBASE, its licensors, vendors, suppliers or service providers (and intended third party beneficiaries); provided however that this Agreement is not binding upon and does not impose obligations on such licensors, vendors, suppliers or service providers or beneficiaries. You may not assign the Agreement or your rights and obligations under the Agreement without the express prior written consent of PAWBASE, which may be withheld at PAWBASE's sole discretion. PAWBASE may assign the Agreement and its respective rights and obligations under the Agreement without your consent.
Any rights not expressly granted or disclaimed by the Agreement are expressly reserved to PAWBASE.
[ END OF TERMS AND CONDITIONS OF WEBSITE AND APP USE ]
PAWBASE Pet Microchip and Collar Tag Registration Program Subscription Terms and Conditions
The following terms and conditions (“Subscription Terms”) are applicable to participation in the Pawbase, Inc. (“Pawbase”) pet microchip and collar tag registration program (the “Pawbase Registration Program” or the “Program”). The Subscription Terms apply to all subscribing individuals owning pets with a Pawbase registration chip or other embedded microchip, or using a Pawbase provided pet collar tag (including any pet collar tags which are purchased from Pawbase or which may be provided by Pawbase on a complimentary basis (such as with the purchase of a Pawbase Premium level subscription, as applicable), and which pets are properly registered on the Pawbase portal or mobile application. Each Program subscriber is referenced in these Subscription Terms as “you” or a “subscriber”. Note that Pawbase’s standard Terms of Use and Privacy Policy will apply to your use of the Pawbase Website and App, in addition to these Subscription Terms. By using the Program, you acknowledge and agree to all of such terms and to such policy in addition to these Subscription Terms.
1. Program Eligibility.
Only consumers (i) who are legal residents of the United States, the District of Columbia or any U.S. territory, (ii) who are at least 18 years of age at the time of registration, (iii) who are the legal owners of either a pet in which a Pawbase or other microchip has been embedded or a Pawbase collar tag has been attached, (iv) who have properly registered and provided all requested personal and pet information at app.pawbasepet.com or otherwise within the downloaded Pawbase mobile app (available for your Smartphone via Apple or Google Play, the “App”), and (v) who have paid any applicable, annual Subscription fee, are permitted to participate in the Pawbase Registration Program. Upon completion of registration, downloading of the App to your Smartphone is required to obtain all described Subscription Service benefits. Upon payment of the applicable Pawbase Subscription fee, all applicable microchipped pets in the subscriber’s household may be registered and are eligible for Program service. Only properly identified pets in the subscriber’s household (irrespective of whether those pets have a Pawbase provided microchip, a microchip of a third party, or are registered based on the Pawbase provided microchip collar tag) which have been properly added to the subscriber’s registration are applicable to the Pawbase Registration Program.
2. Pawbase Registration Program Subscription Service Options and Benefits.
The Pawbase Registration Program is a subscription-based service designed to assist in the recovery of lost pets and to provide ongoing pet registration-related benefits such as the ability to organize and document input pet veterinary care information. Program Members that register their pets with the Program will receive certain benefits and services based on the level of subscription selected, generally as follows for each respective level of Subscription Service. Notwithstanding these Service descriptions, Pawbase reserves the right to modify the specific Services provided, and the Service descriptions, at any time as further described in Section 10–Modifications to the Pawbase Registration Program of these Subscription Terms below. In addition, all Subscription Services are at all times subject to the Program Subscriber Responsibilities, the Service Disclaimers, and other limitations as outlined in these Subscription Terms at any time.
Basic Subscription Service:
Any pet owner can register their microchipped pets (as well as pets with a collar tag purchased from, or provided by, Pawbase) to the Pawbase microchip registry. As part of the Program Service, Basic Subscription Service includes:
Annual registration of each registered microchip (and associated pet) in the Pawbase and American Animal Hospital Association (AAHA) microchip databases, and registration of applicable Pawbase collar tag(s) in the Pawbase database. Registration ensures association of your direct contact information with each registered pet microchip or collar tag. Pawbase is a participating member of the AAHA’s Participating Pet Recovery Service Registry and uses the AAHA Microchip Lookup Tool (“AAHA Tool”) and database to locate lost pets when your pet’s microchip is properly scanned (generally by a veterinarian, veterinary hospital and the like) or searched within the Pawbase and/or AAHA Tool. For more information about the AAHA and the AAHA Tool, see www.aaha.org. Pawbase’s own, proprietary database locates lost pets when the QR Code on your pet’s Pawbase collar tag is properly scanned (using applicable Smartphone technology); and
The ability to update your subscriber account, add pets and update pet details at any time during the annual subscription term, including the ability to add pet co-owner information to your account (subject to various verification and authentication protocols), to share with and/or transfer to other Pawbase subscribers (subject to verification and authentication protocols) registered pet information, and to maintain a complete, digital pet profile including vet records (such as pet growth information, dates of vet visits, vaccinations, prescriptions, special needs and related care instructions and the like). See Section 6 - Additional Pets, Co-Owners and Program Member Account Changes below for further details. Note that changes to your Pawbase account, including transfer of pet information, are permanent and any mistakes may require re-inputting of data in order to be addressed, as further outlined in Section 5 below.
Premium Subscription Service:
Premium Subscription Service includes all Basic Subscription Service PLUS:
Real-time location notification (via email and push notification for review in your Subscription profile on the App) and details when your pet’s microchip or collar tag is properly scanned or searched within the Pawbase or AAHA system, as applicable. Location information is collected via device GPS (when permission is granted) or IP-based location lookup based on available technology, third-party device capabilities, and network conditions;
Upon your identification of your pet as being “lost” within the Pawbase system, availability (via the App) of a digital Lost Pet Poster for your download, forwarding, circulation, printing, posting and distribution as you deem appropriate;
Microchip and/or collar tag scan history for each of your registered pets; and
A complimentary Pawbase collar tag that can be linked to a pet profile. The complimentary collar tag will be shipped to the subscriber’s registered street address within 4 weeks of Premium Subscription purchase, for linking to your applicable pet profile. Shipping cannot be made to P.O. boxes. Additional Pawbase collar tags for additional pets are available for purchase through the Pawbase App.
3. App Requirements.
Pawbase is an app-based platform, and the Program is accessible exclusively through the Pawbase mobile application available for download to your Smartphone device via Apple and Google Play (the “App”). Program subscribers must download, maintain and properly update the App on a compatible mobile device to manage their Program subscription, access Subscription Service features, adjust privacy and visibility settings, receive push notifications, and utilize any applicable location-based services. Certain features, including real-time location alerts, may require the subscriber’s enabling of device permissions (e.g., location services, push notifications). Pawbase does not guarantee full compatibility or proper functioning of the App at any given time, and specifically disclaims all warranties relating to App accessibility, functionality, features or operation.
4. Program Subscriber Responsibilities:
To properly and timely receive Program Subscription Services and benefits, Program subscribers must adhere to the following requirements. In the event of your failure to meet these responsibilities, or in the event of your failure to otherwise adhere to any of these Subscription Terms, Pawbase may terminate your Program Subscription without any further obligation to you, including without limitation, any obligation to refund any paid amounts to you, for any reason. Without limitation of your other responsibilities as outlined, you must:
Keep the personal contact and pet profile information on your Pawbase account accurate and updated;
Ensure all contact details and notification preferences are set within the App to receive alerts;
Maintain your Program Subscription in good standing at all times; and
Respond promptly to lost pet alerts and communications to facilitate reuniting.
5. Limitations.
The Program relies on third-party scanning devices, compatible RFID/NFC technology, and network connectivity. Pawbase will make commercially reasonable efforts to provide accurate and timely location data; however, as referenced in these Subscriber Terms, Pawbase cannot guarantee the precision, availability, or completeness of such data. Accuracy may be affected (without limitation) by finder device settings, scanner capabilities, permissions granted, network or hardware limitations or conditions and the like.
6. Additional Pets, Co-Owners, and Program Member Account Changes.
As described above and in the Program description(s) on the Pawbase App and on the www.pawbasepet.com website (the “Website”) from time to time, additional microchipped pets in the same household may be added to the Program at any time at no additional expense, for the remainder of the applicable Subscription Term. In addition, separate Pawbase accounts of pet co-owners may be linked to the primary subscriber’s account at any time with the Program Member’s confirmation (subject to verification and authentication) and as further described on the Program App and/or Website. Upon any such linking, the co-owner will be entitled to receive all Basic Subscription Service benefits. The subscriber will have the ability to adjust his or her account information, including applicable pet information, at any time. However, Program account information is not archived or saved by Pawbase at any time, and any deletion or removal of account information from your account, including pet-related information and in the event of a transfer of information to another Program subscriber, will permanently adjust your account. Accordingly, mistakenly removed or deleted information, or any mistaken transfer of pet information, will require re-input without exception. Note that Pawbase’s standard Terms of Use and Privacy Policy will apply to your use of the Pawbase Website and/or App, in addition to these Subscription Terms. By using such, you acknowledge and agree to all of such terms and to such policy.
7. Membership Term and Program Subscription Cancellation.
The initial membership term of the Pawbase Registration Program (irrespective of Subscription Service selection) is one (1) year from the date of paid membership activation by the Program Member. Pawbase will contact you by email roughly 30 days before expiration of your initial or any renewal membership term to provide you with an opportunity to terminate your participation in the Pawbase Registration Program before it auto-renews for another membership year, at the then-current annual subscription / participation fee. In the event that Pawbase does not receive a response that you wish to cancel, your membership in the Pawbase Registration Program will be automatically renewed for the applicable renewal term and upon renewal, any originally provided credit card or other payment method will be charged the applicable annual renewal fee. In the event of a declined payment, Pawbase may reach out to you for an alternative payment method, but if payment is not promptly made, your Pawbase Registration Program subscription will be terminated. Note that automatic renewal of the Pawbase Registration Program subscription can be disabled at any time during an active subscription term (i.e. prior to the auto-renewal) from your registered account such that your subscription will terminate upon expiration of the then-current subscription term.
For absolute clarity, irrespective of when any given Program subscription is disabled, no pro-rated or other refund of any amounts paid pursuant to the Program will be provided. Once a Program Member’s subscription has renewed for another year, the subscription may only be cancelled as of expiration of the current renewal term (or earlier upon specific request, but without any refund of the paid annual subscription). In no event will any initial or renewal subscription fees paid relating to the Pawbase Registration Program be refunded by Pawbase, for any reason.
8. SERVICE DISCLAIMER.
You acknowledge and agree that the Pawbase Registration Program provides registration services to facilitate tracking the location of your pet based on an embedded tracking microchip or a microchip tracking collar tag. Various conditions and environments may affect proper functioning of the Website or App (as referenced above), as well as the ability of the microchip in any case to properly transmit, including without limitation, microchip condition, the quality and operation of any applicable microchip scanner used, or otherwise any chip damage occurring from exposure to water, fire, electric shock, condensation, humidity, extreme temperatures and the like. In addition, Pawbase is not at any time responsible for the actions of the AAHA, and/or its lookup / microchip tracking tools and database operation, at any time. Accordingly, the Pawbase Registration Program Subscription Service, the Pawbase Website and the App are provided without any warranty and “AS IS” except as herein outlined. THERE ARE NO GUARANTEES WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE ANY MICROCHIP OR THE PAWBASE REGISTRATION PROGRAM AS PERTAINING TO ANY SUCH CHIP, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAWBASE SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PETS OR PROPERTY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING OUT OF THE PROGRAM, OR ANY USE OF OR INABILITY TO USE, OR ANY OPERATION OF OR FAILURE TO OPERATE, ANY PAWBASE REGISTRATION PROGRAM SUBSCRIPTION SERVICES, THE AAHA (OR ITS LOOKUP TOOLS OR DATABASE), ANY MICROCHIP OR COLLAR TAG PRODUCTS, OR THE PAWBASE WEBSITE OR APP.
9. Force Majeure.
In the event Pawbase is unable to carry out the Pawbase Registration Program services at any time by reason of microchip damage or loss, or otherwise due to causes that are beyond the reasonable control of Pawbase and without its fault or negligence (a “Force Majeure” event), Pawbase will give you notice as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance in services, and make all commercially reasonable efforts to resume performance as soon as possible, to the extent possible. In no event will a refund be issued due to any Program services or benefits which are curtailed, delayed or not provided due to a Force Majeure event, or due to the microchip damage circumstances outlined in Section 5 above.
10. Modifications to the Pawbase Registration Program.
The Pawbase Registration Program may be changed or terminated by Pawbase at any time by posting updated Subscription Terms on the Website or App, or by otherwise notifying Program Members by email, mail, text, App notices, or other delivery means. In the event that Pawbase terminates the entire Pawbase Registration Program with 4 months or less of the initial or any renewal term remaining, there will be no refund of any remaining portion of the paid Subscription fee.
11. Non-Transferability of Subscription.
The Pawbase Registration Program subscription is personal to the specifically registered Program Member. No Program Member shall be permitted to transfer or assign his or her subscription / membership in the Program to any other person or third party at any time. Any attempted assignment or transfer of a Program subscription / membership shall be void and of no force or effect, and Pawbase will not recognize any such assignment or transfer. In the event of any transfer of pet (and related Pawbase Registration microchip or collar tag) by a Program Member to a third party, the third party will be required to properly register for the Program and pay the annual subscription fee as a new Program Member in order for Pawbase Registration Program services to continue to apply.
12. General Terms.
The Pawbase Registration Program and these Subscription Terms shall be governed by the laws of the State of New Jersey and any dispute arising hereunder will be resolved in accordance with the laws of the State of New Jersey without reference to its conflict of laws principles. These Subscription Terms shall not be amended or otherwise modified except in a writing authorized by Pawbase’s senior management (email, Website and App postings of the changes being acceptable). In the event any of these Subscription Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Subscription Terms will remain in full force and effect. Any waiver of any breach or failure to enforce any of these Subscription Terms shall not in any way affect, limit or waive Pawbase’s right thereafter to enforce, enjoy, and require compliance with every Term hereof. In no event will Pawbase or its officers, directors, suppliers or service providers be responsible for direct, indirect, special, incidental, or consequential damages by reason of or in connection with the Pawbase Registration Program or any Pawbase Subscription issued or registration submitted (including without limitation, cover damages, cost or substitute services, lost pets or other property, lost profits, lost opportunities, loss of use, lost efficiencies or synergies, economic loss, administrative or overhead expenses, or damage to reputation or goodwill) even if apprised of the likelihood of such damages and irrespective of the nature of the claim asserted. These Subscription Terms, together with the Website Terms of Use and Privacy Policy and any other document Pawbase may designate from time to time as part of the Program, constitutes the entire agreement relating the Pawbase Registration Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.
[ End of Pawbase Registration Program Subscription Terms and Conditions ]
Contact:
If you have questions about these Terms, please contact:
Email: Support@pawbasepet.com
PAWBASE Pet Microchip and Collar Tag Registration Program Subscription Terms and Conditions
The following terms and conditions (“Subscription Terms”) are applicable to participation in the Pawbase, Inc. (“Pawbase”) pet microchip and collar tag registration program (the “Pawbase Registration Program” or the “Program”). The Subscription Terms apply to all subscribing individuals owning pets with a Pawbase registration chip or other embedded microchip, or using a Pawbase provided pet collar tag (including any pet collar tags which are purchased from Pawbase or which may be provided by Pawbase on a complimentary basis (such as with the purchase of a Pawbase Premium level subscription, as applicable), and which pets are properly registered on the Pawbase portal or mobile application. Each Program subscriber is referenced in these Subscription Terms as “you” or a “subscriber”. Note that Pawbase’s standard Terms of Use and Privacy Policy will apply to your use of the Pawbase Website and App, in addition to these Subscription Terms. By using the Program, you acknowledge and agree to all of such terms and to such policy in addition to these Subscription Terms.
1. Program Eligibility.
Only consumers (i) who are legal residents of the United States, the District of Columbia or any U.S. territory, (ii) who are at least 18 years of age at the time of registration, (iii) who are the legal owners of either a pet in which a Pawbase or other microchip has been embedded or a Pawbase collar tag has been attached, (iv) who have properly registered and provided all requested personal and pet information at app.pawbasepet.com or otherwise within the downloaded Pawbase mobile app (available for your Smartphone via Apple or Google Play, the “App”), and (v) who have paid any applicable, annual Subscription fee, are permitted to participate in the Pawbase Registration Program. Upon completion of registration, downloading of the App to your Smartphone is required to obtain all described Subscription Service benefits. Upon payment of the applicable Pawbase Subscription fee, all applicable microchipped pets in the subscriber’s household may be registered and are eligible for Program service. Only properly identified pets in the subscriber’s household (irrespective of whether those pets have a Pawbase provided microchip, a microchip of a third party, or are registered based on the Pawbase provided microchip collar tag) which have been properly added to the subscriber’s registration are applicable to the Pawbase Registration Program.
2. Pawbase Registration Program Subscription Service Options and Benefits.
The Pawbase Registration Program is a subscription-based service designed to assist in the recovery of lost pets and to provide ongoing pet registration-related benefits such as the ability to organize and document input pet veterinary care information. Program Members that register their pets with the Program will receive certain benefits and services based on the level of subscription selected, generally as follows for each respective level of Subscription Service. Notwithstanding these Service descriptions, Pawbase reserves the right to modify the specific Services provided, and the Service descriptions, at any time as further described in Section 10–Modifications to the Pawbase Registration Program of these Subscription Terms below. In addition, all Subscription Services are at all times subject to the Program Subscriber Responsibilities, the Service Disclaimers, and other limitations as outlined in these Subscription Terms at any time.
Basic Subscription Service:
Any pet owner can register their microchipped pets (as well as pets with a collar tag purchased from, or provided by, Pawbase) to the Pawbase microchip registry. As part of the Program Service, Basic Subscription Service includes:
Annual registration of each registered microchip (and associated pet) in the Pawbase and American Animal Hospital Association (AAHA) microchip databases, and registration of applicable Pawbase collar tag(s) in the Pawbase database. Registration ensures association of your direct contact information with each registered pet microchip or collar tag. Pawbase is a participating member of the AAHA’s Participating Pet Recovery Service Registry and uses the AAHA Microchip Lookup Tool (“AAHA Tool”) and database to locate lost pets when your pet’s microchip is properly scanned (generally by a veterinarian, veterinary hospital and the like) or searched within the Pawbase and/or AAHA Tool. For more information about the AAHA and the AAHA Tool, see www.aaha.org. Pawbase’s own, proprietary database locates lost pets when the QR Code on your pet’s Pawbase collar tag is properly scanned (using applicable Smartphone technology); and
The ability to update your subscriber account, add pets and update pet details at any time during the annual subscription term, including the ability to add pet co-owner information to your account (subject to various verification and authentication protocols), to share with and/or transfer to other Pawbase subscribers (subject to verification and authentication protocols) registered pet information, and to maintain a complete, digital pet profile including vet records (such as pet growth information, dates of vet visits, vaccinations, prescriptions, special needs and related care instructions and the like). See Section 6 - Additional Pets, Co-Owners and Program Member Account Changes below for further details. Note that changes to your Pawbase account, including transfer of pet information, are permanent and any mistakes may require re-inputting of data in order to be addressed, as further outlined in Section 5 below.
Premium Subscription Service:
Premium Subscription Service includes all Basic Subscription Service PLUS:
Real-time location notification (via email and push notification for review in your Subscription profile on the App) and details when your pet’s microchip or collar tag is properly scanned or searched within the Pawbase or AAHA system, as applicable. Location information is collected via device GPS (when permission is granted) or IP-based location lookup based on available technology, third-party device capabilities, and network conditions;
Upon your identification of your pet as being “lost” within the Pawbase system, availability (via the App) of a digital Lost Pet Poster for your download, forwarding, circulation, printing, posting and distribution as you deem appropriate;
Microchip and/or collar tag scan history for each of your registered pets; and
A complimentary Pawbase collar tag that can be linked to a pet profile. The complimentary collar tag will be shipped to the subscriber’s registered street address within 4 weeks of Premium Subscription purchase, for linking to your applicable pet profile. Shipping cannot be made to P.O. boxes. Additional Pawbase collar tags for additional pets are available for purchase through the Pawbase App.
3. App Requirements.
Pawbase is an app-based platform, and the Program is accessible exclusively through the Pawbase mobile application available for download to your Smartphone device via Apple and Google Play (the “App”). Program subscribers must download, maintain and properly update the App on a compatible mobile device to manage their Program subscription, access Subscription Service features, adjust privacy and visibility settings, receive push notifications, and utilize any applicable location-based services. Certain features, including real-time location alerts, may require the subscriber’s enabling of device permissions (e.g., location services, push notifications). Pawbase does not guarantee full compatibility or proper functioning of the App at any given time, and specifically disclaims all warranties relating to App accessibility, functionality, features or operation.
4. Program Subscriber Responsibilities:
To properly and timely receive Program Subscription Services and benefits, Program subscribers must adhere to the following requirements. In the event of your failure to meet these responsibilities, or in the event of your failure to otherwise adhere to any of these Subscription Terms, Pawbase may terminate your Program Subscription without any further obligation to you, including without limitation, any obligation to refund any paid amounts to you, for any reason. Without limitation of your other responsibilities as outlined, you must:
Keep the personal contact and pet profile information on your Pawbase account accurate and updated;
Ensure all contact details and notification preferences are set within the App to receive alerts;
Maintain your Program Subscription in good standing at all times; and
Respond promptly to lost pet alerts and communications to facilitate reuniting.
5. Limitations.
The Program relies on third-party scanning devices, compatible RFID/NFC technology, and network connectivity. Pawbase will make commercially reasonable efforts to provide accurate and timely location data; however, as referenced in these Subscriber Terms, Pawbase cannot guarantee the precision, availability, or completeness of such data. Accuracy may be affected (without limitation) by finder device settings, scanner capabilities, permissions granted, network or hardware limitations or conditions and the like.
6. Additional Pets, Co-Owners, and Program Member Account Changes.
As described above and in the Program description(s) on the Pawbase App and on the www.pawbasepet.com website (the “Website”) from time to time, additional microchipped pets in the same household may be added to the Program at any time at no additional expense, for the remainder of the applicable Subscription Term. In addition, separate Pawbase accounts of pet co-owners may be linked to the primary subscriber’s account at any time with the Program Member’s confirmation (subject to verification and authentication) and as further described on the Program App and/or Website. Upon any such linking, the co-owner will be entitled to receive all Basic Subscription Service benefits. The subscriber will have the ability to adjust his or her account information, including applicable pet information, at any time. However, Program account information is not archived or saved by Pawbase at any time, and any deletion or removal of account information from your account, including pet-related information and in the event of a transfer of information to another Program subscriber, will permanently adjust your account. Accordingly, mistakenly removed or deleted information, or any mistaken transfer of pet information, will require re-input without exception. Note that Pawbase’s standard Terms of Use and Privacy Policy will apply to your use of the Pawbase Website and/or App, in addition to these Subscription Terms. By using such, you acknowledge and agree to all of such terms and to such policy.
7. Membership Term and Program Subscription Cancellation.
The initial membership term of the Pawbase Registration Program (irrespective of Subscription Service selection) is one (1) year from the date of paid membership activation by the Program Member. Pawbase will contact you by email roughly 30 days before expiration of your initial or any renewal membership term to provide you with an opportunity to terminate your participation in the Pawbase Registration Program before it auto-renews for another membership year, at the then-current annual subscription / participation fee. In the event that Pawbase does not receive a response that you wish to cancel, your membership in the Pawbase Registration Program will be automatically renewed for the applicable renewal term and upon renewal, any originally provided credit card or other payment method will be charged the applicable annual renewal fee. In the event of a declined payment, Pawbase may reach out to you for an alternative payment method, but if payment is not promptly made, your Pawbase Registration Program subscription will be terminated. Note that automatic renewal of the Pawbase Registration Program subscription can be disabled at any time during an active subscription term (i.e. prior to the auto-renewal) from your registered account such that your subscription will terminate upon expiration of the then-current subscription term.
For absolute clarity, irrespective of when any given Program subscription is disabled, no pro-rated or other refund of any amounts paid pursuant to the Program will be provided. Once a Program Member’s subscription has renewed for another year, the subscription may only be cancelled as of expiration of the current renewal term (or earlier upon specific request, but without any refund of the paid annual subscription). In no event will any initial or renewal subscription fees paid relating to the Pawbase Registration Program be refunded by Pawbase, for any reason.
8. SERVICE DISCLAIMER.
You acknowledge and agree that the Pawbase Registration Program provides registration services to facilitate tracking the location of your pet based on an embedded tracking microchip or a microchip tracking collar tag. Various conditions and environments may affect proper functioning of the Website or App (as referenced above), as well as the ability of the microchip in any case to properly transmit, including without limitation, microchip condition, the quality and operation of any applicable microchip scanner used, or otherwise any chip damage occurring from exposure to water, fire, electric shock, condensation, humidity, extreme temperatures and the like. In addition, Pawbase is not at any time responsible for the actions of the AAHA, and/or its lookup / microchip tracking tools and database operation, at any time. Accordingly, the Pawbase Registration Program Subscription Service, the Pawbase Website and the App are provided without any warranty and “AS IS” except as herein outlined. THERE ARE NO GUARANTEES WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE ANY MICROCHIP OR THE PAWBASE REGISTRATION PROGRAM AS PERTAINING TO ANY SUCH CHIP, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAWBASE SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PETS OR PROPERTY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING OUT OF THE PROGRAM, OR ANY USE OF OR INABILITY TO USE, OR ANY OPERATION OF OR FAILURE TO OPERATE, ANY PAWBASE REGISTRATION PROGRAM SUBSCRIPTION SERVICES, THE AAHA (OR ITS LOOKUP TOOLS OR DATABASE), ANY MICROCHIP OR COLLAR TAG PRODUCTS, OR THE PAWBASE WEBSITE OR APP.
9. Force Majeure.
In the event Pawbase is unable to carry out the Pawbase Registration Program services at any time by reason of microchip damage or loss, or otherwise due to causes that are beyond the reasonable control of Pawbase and without its fault or negligence (a “Force Majeure” event), Pawbase will give you notice as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance in services, and make all commercially reasonable efforts to resume performance as soon as possible, to the extent possible. In no event will a refund be issued due to any Program services or benefits which are curtailed, delayed or not provided due to a Force Majeure event, or due to the microchip damage circumstances outlined in Section 5 above.
10. Modifications to the Pawbase Registration Program.
The Pawbase Registration Program may be changed or terminated by Pawbase at any time by posting updated Subscription Terms on the Website or App, or by otherwise notifying Program Members by email, mail, text, App notices, or other delivery means. In the event that Pawbase terminates the entire Pawbase Registration Program with 4 months or less of the initial or any renewal term remaining, there will be no refund of any remaining portion of the paid Subscription fee.
11. Non-Transferability of Subscription.
The Pawbase Registration Program subscription is personal to the specifically registered Program Member. No Program Member shall be permitted to transfer or assign his or her subscription / membership in the Program to any other person or third party at any time. Any attempted assignment or transfer of a Program subscription / membership shall be void and of no force or effect, and Pawbase will not recognize any such assignment or transfer. In the event of any transfer of pet (and related Pawbase Registration microchip or collar tag) by a Program Member to a third party, the third party will be required to properly register for the Program and pay the annual subscription fee as a new Program Member in order for Pawbase Registration Program services to continue to apply.
12. General Terms.
The Pawbase Registration Program and these Subscription Terms shall be governed by the laws of the State of New Jersey and any dispute arising hereunder will be resolved in accordance with the laws of the State of New Jersey without reference to its conflict of laws principles. These Subscription Terms shall not be amended or otherwise modified except in a writing authorized by Pawbase’s senior management (email, Website and App postings of the changes being acceptable). In the event any of these Subscription Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Subscription Terms will remain in full force and effect. Any waiver of any breach or failure to enforce any of these Subscription Terms shall not in any way affect, limit or waive Pawbase’s right thereafter to enforce, enjoy, and require compliance with every Term hereof. In no event will Pawbase or its officers, directors, suppliers or service providers be responsible for direct, indirect, special, incidental, or consequential damages by reason of or in connection with the Pawbase Registration Program or any Pawbase Subscription issued or registration submitted (including without limitation, cover damages, cost or substitute services, lost pets or other property, lost profits, lost opportunities, loss of use, lost efficiencies or synergies, economic loss, administrative or overhead expenses, or damage to reputation or goodwill) even if apprised of the likelihood of such damages and irrespective of the nature of the claim asserted. These Subscription Terms, together with the Website Terms of Use and Privacy Policy and any other document Pawbase may designate from time to time as part of the Program, constitutes the entire agreement relating the Pawbase Registration Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.
[ End of Pawbase Registration Program Subscription Terms and Conditions ]
Contact:
If you have questions about these Terms, please contact:
Email: Support@pawbasepet.com
PAWBASE Pet Microchip and Collar Tag Registration Program Subscription Terms and Conditions
The following terms and conditions (“Subscription Terms”) are applicable to participation in the Pawbase, Inc. (“Pawbase”) pet microchip and collar tag registration program (the “Pawbase Registration Program” or the “Program”). The Subscription Terms apply to all subscribing individuals owning pets with a Pawbase registration chip or other embedded microchip, or using a Pawbase provided pet collar tag (including any pet collar tags which are purchased from Pawbase or which may be provided by Pawbase on a complimentary basis (such as with the purchase of a Pawbase Premium level subscription, as applicable), and which pets are properly registered on the Pawbase portal or mobile application. Each Program subscriber is referenced in these Subscription Terms as “you” or a “subscriber”. Note that Pawbase’s standard Terms of Use and Privacy Policy will apply to your use of the Pawbase Website and App, in addition to these Subscription Terms. By using the Program, you acknowledge and agree to all of such terms and to such policy in addition to these Subscription Terms.
1. Program Eligibility.
Only consumers (i) who are legal residents of the United States, the District of Columbia or any U.S. territory, (ii) who are at least 18 years of age at the time of registration, (iii) who are the legal owners of either a pet in which a Pawbase or other microchip has been embedded or a Pawbase collar tag has been attached, (iv) who have properly registered and provided all requested personal and pet information at app.pawbasepet.com or otherwise within the downloaded Pawbase mobile app (available for your Smartphone via Apple or Google Play, the “App”), and (v) who have paid any applicable, annual Subscription fee, are permitted to participate in the Pawbase Registration Program. Upon completion of registration, downloading of the App to your Smartphone is required to obtain all described Subscription Service benefits. Upon payment of the applicable Pawbase Subscription fee, all applicable microchipped pets in the subscriber’s household may be registered and are eligible for Program service. Only properly identified pets in the subscriber’s household (irrespective of whether those pets have a Pawbase provided microchip, a microchip of a third party, or are registered based on the Pawbase provided microchip collar tag) which have been properly added to the subscriber’s registration are applicable to the Pawbase Registration Program.
2. Pawbase Registration Program Subscription Service Options and Benefits.
The Pawbase Registration Program is a subscription-based service designed to assist in the recovery of lost pets and to provide ongoing pet registration-related benefits such as the ability to organize and document input pet veterinary care information. Program Members that register their pets with the Program will receive certain benefits and services based on the level of subscription selected, generally as follows for each respective level of Subscription Service. Notwithstanding these Service descriptions, Pawbase reserves the right to modify the specific Services provided, and the Service descriptions, at any time as further described in Section 10–Modifications to the Pawbase Registration Program of these Subscription Terms below. In addition, all Subscription Services are at all times subject to the Program Subscriber Responsibilities, the Service Disclaimers, and other limitations as outlined in these Subscription Terms at any time.
Basic Subscription Service:
Any pet owner can register their microchipped pets (as well as pets with a collar tag purchased from, or provided by, Pawbase) to the Pawbase microchip registry. As part of the Program Service, Basic Subscription Service includes:
Annual registration of each registered microchip (and associated pet) in the Pawbase and American Animal Hospital Association (AAHA) microchip databases, and registration of applicable Pawbase collar tag(s) in the Pawbase database. Registration ensures association of your direct contact information with each registered pet microchip or collar tag. Pawbase is a participating member of the AAHA’s Participating Pet Recovery Service Registry and uses the AAHA Microchip Lookup Tool (“AAHA Tool”) and database to locate lost pets when your pet’s microchip is properly scanned (generally by a veterinarian, veterinary hospital and the like) or searched within the Pawbase and/or AAHA Tool. For more information about the AAHA and the AAHA Tool, see www.aaha.org. Pawbase’s own, proprietary database locates lost pets when the QR Code on your pet’s Pawbase collar tag is properly scanned (using applicable Smartphone technology); and
The ability to update your subscriber account, add pets and update pet details at any time during the annual subscription term, including the ability to add pet co-owner information to your account (subject to various verification and authentication protocols), to share with and/or transfer to other Pawbase subscribers (subject to verification and authentication protocols) registered pet information, and to maintain a complete, digital pet profile including vet records (such as pet growth information, dates of vet visits, vaccinations, prescriptions, special needs and related care instructions and the like). See Section 6 - Additional Pets, Co-Owners and Program Member Account Changes below for further details. Note that changes to your Pawbase account, including transfer of pet information, are permanent and any mistakes may require re-inputting of data in order to be addressed, as further outlined in Section 5 below.
Premium Subscription Service:
Premium Subscription Service includes all Basic Subscription Service PLUS:
Real-time location notification (via email and push notification for review in your Subscription profile on the App) and details when your pet’s microchip or collar tag is properly scanned or searched within the Pawbase or AAHA system, as applicable. Location information is collected via device GPS (when permission is granted) or IP-based location lookup based on available technology, third-party device capabilities, and network conditions;
Upon your identification of your pet as being “lost” within the Pawbase system, availability (via the App) of a digital Lost Pet Poster for your download, forwarding, circulation, printing, posting and distribution as you deem appropriate;
Microchip and/or collar tag scan history for each of your registered pets; and
A complimentary Pawbase collar tag that can be linked to a pet profile. The complimentary collar tag will be shipped to the subscriber’s registered street address within 4 weeks of Premium Subscription purchase, for linking to your applicable pet profile. Shipping cannot be made to P.O. boxes. Additional Pawbase collar tags for additional pets are available for purchase through the Pawbase App.
3. App Requirements.
Pawbase is an app-based platform, and the Program is accessible exclusively through the Pawbase mobile application available for download to your Smartphone device via Apple and Google Play (the “App”). Program subscribers must download, maintain and properly update the App on a compatible mobile device to manage their Program subscription, access Subscription Service features, adjust privacy and visibility settings, receive push notifications, and utilize any applicable location-based services. Certain features, including real-time location alerts, may require the subscriber’s enabling of device permissions (e.g., location services, push notifications). Pawbase does not guarantee full compatibility or proper functioning of the App at any given time, and specifically disclaims all warranties relating to App accessibility, functionality, features or operation.
4. Program Subscriber Responsibilities:
To properly and timely receive Program Subscription Services and benefits, Program subscribers must adhere to the following requirements. In the event of your failure to meet these responsibilities, or in the event of your failure to otherwise adhere to any of these Subscription Terms, Pawbase may terminate your Program Subscription without any further obligation to you, including without limitation, any obligation to refund any paid amounts to you, for any reason. Without limitation of your other responsibilities as outlined, you must:
Keep the personal contact and pet profile information on your Pawbase account accurate and updated;
Ensure all contact details and notification preferences are set within the App to receive alerts;
Maintain your Program Subscription in good standing at all times; and
Respond promptly to lost pet alerts and communications to facilitate reuniting.
5. Limitations.
The Program relies on third-party scanning devices, compatible RFID/NFC technology, and network connectivity. Pawbase will make commercially reasonable efforts to provide accurate and timely location data; however, as referenced in these Subscriber Terms, Pawbase cannot guarantee the precision, availability, or completeness of such data. Accuracy may be affected (without limitation) by finder device settings, scanner capabilities, permissions granted, network or hardware limitations or conditions and the like.
6. Additional Pets, Co-Owners, and Program Member Account Changes.
As described above and in the Program description(s) on the Pawbase App and on the www.pawbasepet.com website (the “Website”) from time to time, additional microchipped pets in the same household may be added to the Program at any time at no additional expense, for the remainder of the applicable Subscription Term. In addition, separate Pawbase accounts of pet co-owners may be linked to the primary subscriber’s account at any time with the Program Member’s confirmation (subject to verification and authentication) and as further described on the Program App and/or Website. Upon any such linking, the co-owner will be entitled to receive all Basic Subscription Service benefits. The subscriber will have the ability to adjust his or her account information, including applicable pet information, at any time. However, Program account information is not archived or saved by Pawbase at any time, and any deletion or removal of account information from your account, including pet-related information and in the event of a transfer of information to another Program subscriber, will permanently adjust your account. Accordingly, mistakenly removed or deleted information, or any mistaken transfer of pet information, will require re-input without exception. Note that Pawbase’s standard Terms of Use and Privacy Policy will apply to your use of the Pawbase Website and/or App, in addition to these Subscription Terms. By using such, you acknowledge and agree to all of such terms and to such policy.
7. Membership Term and Program Subscription Cancellation.
The initial membership term of the Pawbase Registration Program (irrespective of Subscription Service selection) is one (1) year from the date of paid membership activation by the Program Member. Pawbase will contact you by email roughly 30 days before expiration of your initial or any renewal membership term to provide you with an opportunity to terminate your participation in the Pawbase Registration Program before it auto-renews for another membership year, at the then-current annual subscription / participation fee. In the event that Pawbase does not receive a response that you wish to cancel, your membership in the Pawbase Registration Program will be automatically renewed for the applicable renewal term and upon renewal, any originally provided credit card or other payment method will be charged the applicable annual renewal fee. In the event of a declined payment, Pawbase may reach out to you for an alternative payment method, but if payment is not promptly made, your Pawbase Registration Program subscription will be terminated. Note that automatic renewal of the Pawbase Registration Program subscription can be disabled at any time during an active subscription term (i.e. prior to the auto-renewal) from your registered account such that your subscription will terminate upon expiration of the then-current subscription term.
For absolute clarity, irrespective of when any given Program subscription is disabled, no pro-rated or other refund of any amounts paid pursuant to the Program will be provided. Once a Program Member’s subscription has renewed for another year, the subscription may only be cancelled as of expiration of the current renewal term (or earlier upon specific request, but without any refund of the paid annual subscription). In no event will any initial or renewal subscription fees paid relating to the Pawbase Registration Program be refunded by Pawbase, for any reason.
8. SERVICE DISCLAIMER.
You acknowledge and agree that the Pawbase Registration Program provides registration services to facilitate tracking the location of your pet based on an embedded tracking microchip or a microchip tracking collar tag. Various conditions and environments may affect proper functioning of the Website or App (as referenced above), as well as the ability of the microchip in any case to properly transmit, including without limitation, microchip condition, the quality and operation of any applicable microchip scanner used, or otherwise any chip damage occurring from exposure to water, fire, electric shock, condensation, humidity, extreme temperatures and the like. In addition, Pawbase is not at any time responsible for the actions of the AAHA, and/or its lookup / microchip tracking tools and database operation, at any time. Accordingly, the Pawbase Registration Program Subscription Service, the Pawbase Website and the App are provided without any warranty and “AS IS” except as herein outlined. THERE ARE NO GUARANTEES WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE ANY MICROCHIP OR THE PAWBASE REGISTRATION PROGRAM AS PERTAINING TO ANY SUCH CHIP, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAWBASE SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PETS OR PROPERTY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING OUT OF THE PROGRAM, OR ANY USE OF OR INABILITY TO USE, OR ANY OPERATION OF OR FAILURE TO OPERATE, ANY PAWBASE REGISTRATION PROGRAM SUBSCRIPTION SERVICES, THE AAHA (OR ITS LOOKUP TOOLS OR DATABASE), ANY MICROCHIP OR COLLAR TAG PRODUCTS, OR THE PAWBASE WEBSITE OR APP.
9. Force Majeure.
In the event Pawbase is unable to carry out the Pawbase Registration Program services at any time by reason of microchip damage or loss, or otherwise due to causes that are beyond the reasonable control of Pawbase and without its fault or negligence (a “Force Majeure” event), Pawbase will give you notice as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance in services, and make all commercially reasonable efforts to resume performance as soon as possible, to the extent possible. In no event will a refund be issued due to any Program services or benefits which are curtailed, delayed or not provided due to a Force Majeure event, or due to the microchip damage circumstances outlined in Section 5 above.
10. Modifications to the Pawbase Registration Program.
The Pawbase Registration Program may be changed or terminated by Pawbase at any time by posting updated Subscription Terms on the Website or App, or by otherwise notifying Program Members by email, mail, text, App notices, or other delivery means. In the event that Pawbase terminates the entire Pawbase Registration Program with 4 months or less of the initial or any renewal term remaining, there will be no refund of any remaining portion of the paid Subscription fee.
11. Non-Transferability of Subscription.
The Pawbase Registration Program subscription is personal to the specifically registered Program Member. No Program Member shall be permitted to transfer or assign his or her subscription / membership in the Program to any other person or third party at any time. Any attempted assignment or transfer of a Program subscription / membership shall be void and of no force or effect, and Pawbase will not recognize any such assignment or transfer. In the event of any transfer of pet (and related Pawbase Registration microchip or collar tag) by a Program Member to a third party, the third party will be required to properly register for the Program and pay the annual subscription fee as a new Program Member in order for Pawbase Registration Program services to continue to apply.
12. General Terms.
The Pawbase Registration Program and these Subscription Terms shall be governed by the laws of the State of New Jersey and any dispute arising hereunder will be resolved in accordance with the laws of the State of New Jersey without reference to its conflict of laws principles. These Subscription Terms shall not be amended or otherwise modified except in a writing authorized by Pawbase’s senior management (email, Website and App postings of the changes being acceptable). In the event any of these Subscription Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Subscription Terms will remain in full force and effect. Any waiver of any breach or failure to enforce any of these Subscription Terms shall not in any way affect, limit or waive Pawbase’s right thereafter to enforce, enjoy, and require compliance with every Term hereof. In no event will Pawbase or its officers, directors, suppliers or service providers be responsible for direct, indirect, special, incidental, or consequential damages by reason of or in connection with the Pawbase Registration Program or any Pawbase Subscription issued or registration submitted (including without limitation, cover damages, cost or substitute services, lost pets or other property, lost profits, lost opportunities, loss of use, lost efficiencies or synergies, economic loss, administrative or overhead expenses, or damage to reputation or goodwill) even if apprised of the likelihood of such damages and irrespective of the nature of the claim asserted. These Subscription Terms, together with the Website Terms of Use and Privacy Policy and any other document Pawbase may designate from time to time as part of the Program, constitutes the entire agreement relating the Pawbase Registration Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.
[ End of Pawbase Registration Program Subscription Terms and Conditions ]
Contact:
If you have questions about these Terms, please contact:
Email: Support@pawbasepet.com