Terms of Use
Acceptance of Terms of Use
Your use of the FreePetChipRegistry™ Microchip Registry (“Registry”) website (www.FreePetChipRegistry.com) (the “website”), and/or any of its services, is contingent upon acceptance of and compliance with the following Terms of Use. By using this Registry, and/or any of its services, you acknowledge that you agree to these terms. If you do not agree to these Terms of Use, you may not use the website or any of its services.
Use of this Registry
Your use of this Registry, and/or any of its services, constitutes an agreement between you and Acquisition Associates, Inc. dba FreePetChipRegistry™ (“FreePetChipRegistry™”), which consists of the terms and conditions set forth herein. This Registry is offered for the purpose of reuniting lost pets with their owners by means of pet identification, specifically registering pet microchips. FreePetChipRegistry™ reserves the right to transfer the registration of an animal to another person or entity who demonstrates sufficient proof of ownership, or if FreePetChipRegistry™ cannot reasonably contact the person on record as the owner of the animal. FreePetChipRegistry™ is not responsible for any persons misrepresenting ownership or submitting false information. By using this Registry, and/or any of its services, you agree that FreePetChipRegistry™ has no responsibility over disputes of ownership of an animal, or disputes of any kind regarding an animal.
User’s representations
You represent and warrant that you are at least 18 years of age; possess the legal right and ability to agree to these Terms; will use this website, and/or any of its services, in accordance with these Terms; and will comply with all your responsibilities and obligations as stated in these Terms.
Disclaimer - Warranties and Limitation of Liability
The Registry, and/or any of its services, are provided for your use without any warranties, express or implied. All access to FreePetChipRegistry™ is voluntary. By using the Registry, and/or any of its services, you agree to assume all risk associated with its use. FreePetChipRegistry™ does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and content found or offered on this Registry, and/or by its services, for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and FreePetChipRegistry™ expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. FreePetChipRegistry™ does not guarantee that a lost animal will be returned to its owner and FreePetChipRegistry™ does not guarantee that the Registry will be used by the person and/or entity that finds a lost animal.
Indemnification & Hold Harmless Agreement
You further agree to defend, indemnify and hold harmless FreePetChipRegistry™, its officers, directors, employees, founders, co-founders, agents, parent company, successors, or affiliates from any and all claims, damages, costs and expenses, including but not limited to attorneys’ fees, arising out of or related to your use of, or inability to use, this Registry and/or any of its services. You agree that FreePetChipRegistry™ will not be liable for any damage or loss caused or alleged to be caused by you in reliance on any information contained on the Registry and/or the use of any of its services. In no event shall FreePetChipRegistry™, its officers, directors, employees, founders, co-founders, agents, parent company, successors, or affiliates be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of this Registry and/or any of its services. Your use of this Registry, and/or any of its services, constitutes an agreement between you and FreePetChipRegistry™.
Jurisdiction & Dispute Resolution
This agreement, which consists of the terms and conditions set forth herein, shall be governed by, construed under and enforced in accordance with the laws of the State of California. You acknowledge and consent to be governed by the laws of the State of California, USA. Any action in connection with, relating to and/or arising from this agreement shall be exclusively settled by binding arbitration in the state of California, County of Los Angeles. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. If arbitration is instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. To the extent you have violated or threatened to violate intellectual property or other rights of the Registry, the Registry may seek injunctive or other appropriate relief in any state or federal court.
Class Action Waiver
Any dispute proceedings, in any forum, will be conducted only on an individual basis and not in a class, consolidated or representative action. You will not seek to have any dispute heard as a class action, or in any proceeding in which either party acts or proposes to act in a representative capacity.
Non-Solicitation Policy
You will not be unwillingly solicited by FreePetChipRegistry™ for anything as a result of registering your pet(s) at FreePetChipRegistry.com. Inside of your on-line account, you may be presented with opt-in banner links. We may provide your personal information to third parties, including but not limited to, Veterinarians, shelters and rescue groups, for the purpose of reuniting you with your lost pet.
Termination of Agreement
The Terms of this agreement will continue to apply until terminated by us without notice at any time for any reason. Terms that are to continue shall be unaffected by the termination of this agreement. If you violate the Terms, your use of this website, and its services, will terminate. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to the website, or any portion thereof, or discontinue providing the website, and/or its services, or modify the website, and/or its services, or any portion thereof at our sole discretion and without notice to you even if it may result in you being prevented from accessing any information. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance. Our failure to act with respect to a breach by you or others of these Terms does not waive our right to act with respect to subsequent or similar breaches.
Right to Change the Terms of Use
This Agreement may not be modified by you in whole or in part. However, FreePetChipRegistry™ reserves the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms on the FreePetChipRegistry.com website. Changes to the Terms become effective on the date they are posted and your continued use of FreePetChipRegistry.com, and/or any of its services, after any changes to the Terms will signify your agreement to be bound by them. Anything contained on the Registry, and/or provided by its services, inconsistent with or conflicting with the terms of this Agreement are superseded by the terms of this Agreement.
Entire Agreement
This Agreement constitutes the entire agreement between you and Acquisition Associates, Inc. dba FreePetChipRegistry™ relating to the access and use of the Registry and/or any of its services.