Help2pet.com
TERMS OF USE AGREEMENT
Effective Date: July 20, 2015
The help2pet.com website and its associated services and content (collectively “Website”) is owned and operated by Raw Basics, LLC (“Raw Basics”). Raw basics has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
RAW BASICS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT RAW BASICS MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. About the Website
Raw Basics provides a service that allows users to store and track pet information and medical records through the Website. Specifically, the Website and related services allow users to answer questions and complete certain categories of information such as, but not limited to the kind of pet, the types of food the pet eats, the pet’s allergies, the medications the pet takes, and how the pet’s medications are administered, in order to generate a profile of their pet. Through the Website, users can also provide a list of emergency contacts and specific information relating to the emergency care of their pet(s). If a pet owner is not able to adequately care for their pet(s), emergency caregivers would be able to obtain access to the necessary care information for the pet(s).
It is not Raw Basics’ intention to provide medical advice, diagnosis, or any other medical opinion or recommendations regarding any pets. Rather, the Website and related content on the Website is for informational and research purposes only. Raw Basics urges you to consult with a qualified veterinarian or other medical professional for diagnosis and for answers to your pet’s health-related questions. Nothing contained in the site is intended to be for medical diagnosis or treatment and Raw Basics will not provide any medical advice. The information should not be considered complete or up to date, nor should it be relied on to suggest a course of treatment for a particular pet. If you have a medical emergency, contact an animal hospital or emergency veterinary facility.
Raw Basics does not recommend or endorse any specific treatment, tests, veterinarians, products, procedures, opinions, or other information on the Website. Your reliance upon any information provided by Raw Basics, others appearing on this Website at invitation by Raw Basics, or other visitors or users of this Website is solely at your own risk. You understand that Raw Basics is not obligated to provide any maintenance, technical or other support for the Website.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Raw Basics and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. Website is operated in the United States and Raw Basics makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
3. Ownership of Website and License
You acknowledge and agree that Raw Basics is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Raw Basics.
Raw Basics hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Raw Basics, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Raw Basics.
4. Trademarks
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Raw Basics marks are the property of Raw Basics, including, but not limited to RAW BASICS, HELP2PET, and all Raw Basics’ logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Raw Basics. You are prohibited from using Raw Basics’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Raw Basics.
5. Account Registration; Payment; Termination
To use Raw Basics’ services, you must register an Account and create a User Profile. To register an Account and create a User Profile, complete the required information about you and your pet(s). Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User account information will be used consistent with the Privacy Policy. Raw Basics does not endorse you or discriminate based upon any information provided by you or made available for population of your User Profile.
To register an Account you must provide payment information. After registering for an Account and completing the necessary information regarding your pet(s), you will be provided with a plastic membership card containing a serial number. Payment is processed through a third-party payment processor, such as Stripe. You may register for the Website through either an annual membership or through a lifetime membership. Payment will be annually if you have opted to pay the annual rate, until you cancel your Account. Unless you cancel your membership with the Website, your Account will automatically renew each year. You can cancel your Account at any time. There will be no refunds provided for the annual or lifetime memberships.
You have a duty to ensure that the information that you provide through your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Account if and when that information changes. You are expressly prohibited from creating an Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Account to interfere with or disrupt a third party’s enjoyment and use of the Website. Raw Basics reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Raw Basics will not be held liable for any user’s failure to complete a transaction entered into through the Website.
Raw Basics may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.
If you cancel your Account, Raw Basics is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. Raw Basics is under no obligation to provide you with the data associated with your Account and/or User Profile(s) after cancelation of your account, except as otherwise provided in the Privacy Policy. Raw Basics recommends that you maintain your own backup of Account and User Profile data.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact Raw Basics immediately. You agree to hold harmless and indemnify Raw Basics for any damages that arise out of or in relationship to the use of your Account.
By creating an Account, you agree that Raw Basics, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
6. Section 230 of Communications Decency Act
You acknowledge and agree that Raw Basics is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Raw Basics may edit, remove, or control the content displayed through the Website, you agree that Raw Basics will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
7. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that Raw Basics does not own or control. You agree that Raw Basics will not be held responsible or liable for the content of third party websites, applications, or services and that Raw Basics’ inclusion of those websites, applications, or services within its Website does not constitute Raw Basics’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
8. No Endorsement
Raw Basics does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Raw Basics and are not intended to be used for advertising or product endorsement purposes.
9. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Raw Basics’ technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Raw Basics by sending an email to hello@help2pet.com.
10. Use of Materials
While you retain all rights in any communication or material that you transmit to the Website, whether by email, post, or other means, you grant us and our agent and affiliates a non-exclusive, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regarding of the form or medium.
11. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Raw Basics may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
12. Disclaimer of Warranties
RAW BASICS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE. RAW BASICS PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
RAW BASICS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. RAW BASICS IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. RAW BASICS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
RAW BASICS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
13. Limitation of Liability
RAW BASICS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT RAW BASICS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO RAW BASICS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. RAW BASICS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE.
FURTHER, RAW BASICS WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
14. Indemnification
You agree to hold harmless, indemnify, and defend Raw Basics, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Raw Basics under the terms of this Agreement will not provide you with the right to control Raw Basics’ defense, and Raw Basics reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Raw Basics.
15. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Raw Basics may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
16. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Wisconsin without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Raw Basics or the Website will be exclusively resolved through arbitration.
YOU AND RAW BASICS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM RAW BASICS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN WISCONSIN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF WISCONSIN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND RAW BASICS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF WISCONSIN. YOU AND RAW BASICS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
Raw Basics hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Raw Basics.
No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Raw Basics will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Raw Basics inadvertently collects such personally identifiable information, Raw Basics will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions
RAW BASICS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Raw Basics.
Notice
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Raw Basics, LLC
4074 S. Kinnickinnic Avenue
St. Francis, WI 53235
A copy of any such notice must be emailed to hello@help2pet.com, but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.