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ACCEPTANCE OF THE TERMS OF USE

Welcome to 911PetBuddy (the “Platform”), which is provided by Michele Barnhouse. These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and Michele Barnhouse. (“Michele Barnhouse”, “911PetBuddy”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the Michele Barnhouse mobile app (the “App”), the Michele Barnhouse website located at https://www.911PetBuddy.com/ (the “Website”), and any content, functionality, Apps, software, goods and services offered on or through App or the Website  (collectively the “Michele Barnhouse”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use Michele Barnhouse apps.

 

‍By downloading, installing, or using the Apps, otherwise using Michele Barnhouse apps, or by clicking to accept or agree to the Platform Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Platform Terms of Use and the Michele Barnhouse Privacy Policy, found at https://www.911PetBuddy.com/privacy-policy and incorporated herein by reference. If you do not want to agree to the Platform Terms of Use or the Privacy Policy, do not download, install or use the Apps (or delete the Apps if it has already been downloaded or installed), you otherwise must not access or use Michele Barnhousee apps.

 

CHANGES TO THE TERMS OF USE

Michele Barnhouse may revise and update the Terms of Use from time to time in its sole discretion. All changes are effective immediately when Michele Barnhouse posts them and apply to all access to and use of Michele Barnhouse apps thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on Michele Barnhouse apps.

Your continued use of Michele Barnhouse apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

 

DESCRIPTION OF SERVICES

Michele Barnhouse operates mobile photo template editing services that allow our users to edit their photos by inputting them into templates. We provide ready-made media and content that is licensable for use in accordance with our various licenses.

Eligibility. You may use the Service only if you can form a binding contract with Michele Barnhouse , and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.  

Michele Barnhouse apps are offered and available to users who are 13 years of age or older, unless directly supervised by a parent or guardian. Furthermore, you must be at least 18 years of age to use any Paid Services or any other portion of the Services that requires you to make any payment unless under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such. By using Michele Barnhouse apps, you represent and warrant that you are of legal age to form a binding contract with Michele Barnhouse and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Michele Barnhouse apps.

 

 

The Service may not be available to any Users previously removed from the Service by Michele Barnhouse . By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

 

Michele Barnhouse ACCOUNTS

Your Michele Barnhouse account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users (i.e., paid vs unpaid). If you open a Michele Barnhouse account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and (c) you agree to this Agreement on the entity’s behalf.

You may never use another User’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Michele Barnhouse immediately of any breach of security or unauthorized use of your account. Michele Barnhouse will not be liable for any losses caused by any use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Michele Barnhouse your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

PAID SERVICES

Certain parts of our Services may be subject to payments now or in the future (the “Premium Services”). The 911PetBuddy App allows you to make In App Purchases. In case there is a payment, it is collected by Apple. We may also offer subscriptions which will be paid via Apple.  

You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You must be an authorized entity to use this payment method. 

A 911PetBuddy App yearly enables access to all features. 

After the 30 day free trial, the subscription automatically renews for $34.99 USD per year. The renewal will happen automatically unless subscription is canceled 24 hours before the end of the free trial. If you cancel before the free trial ends, the remainder of the trial period will be forfeited. Payment will be charged to your Apple ID used to subscribe for a free trial. You can manage your subscription by going to your account settings in your iPhone.

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You can terminate your use of the Service and otherwise manage your account using the App.

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT). If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.

No refunds are offered for any products or services offered via the App.

All sales are wholly managed by Apple or Google, and we do not have access to your purchase history. Please reach out to Apple Support directly for disputes or refunds.


 

ACCESSING Michele Barnhouse APPS, ACCOUNT SECURITY, RESTRICTIONS 

Michele Barnhouse reserves the right to withdraw or amend Michele Barnhouse apps, and any service or material provided on Michele Barnhouse apps, in Michele Barnhouse ’s sole discretion without notice. Michele Barnhouse will not be liable if for any reason all or any part of Michele Barnhouse apps is unavailable at any time or for any period. From time to time, Michele Barnhouse may restrict access to some parts of Michele Barnhouse apps, or the entire Michele Barnhouse Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to Michele Barnhouse apps.

  • Ensuring that all persons who access Michele Barnhouse apps through your internet connection are aware of the Terms of Use and comply with them.

To access Michele Barnhouse apps or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Michele Barnhouse apps that all the information you provide on Michele Barnhouse apps is correct, current and complete. You agree that all information you provide to register with this Michele Barnhouse Platform, post on Michele Barnhouse apps, or otherwise, including but not limited to through the use of any interactive features on Michele Barnhouse apps, is governed by the Michele Barnhouse Privacy Policy, and you consent to all actions Michele Barnhouse takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of Michele Barnhouse security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Michele Barnhouse Platform or portions of it using your username, password or other security information. You will be responsible for all activities that occur under that password.  You agree to notify Michele Barnhouse immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a username that Michele Barnhouse in its sole discretion deems offensive.

Michele Barnhouse has the right to disable any user name, password or other identifier, whether chosen by you or provided by Michele Barnhouse , at any time in its sole discretion for any or no reason, including if, in Michele Barnhouse ’s opinion, you have violated any provision of the Terms of Use.

 

Availability

We are not and will not be responsible or liable for any failure in the App or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to 911PetBuddy app; (ii) failures in any telecommunications, network or other service or equipment outside of The Company’s facilities; or (iii) any force majeure or other cause beyond The Company’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).

Limits

We may impose certain limits on the use of the Services, including usage limits for different Service plans, including without limitation the amount of Customer Data that may be stored, features that may be accessed, number of users, or other rate or usage limitations at any time in our sole discretion.

 

APP LICENCE

License to use the Michele Barnhouse Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Michele Barnhouse reserves all rights not expressly granted herein in the Service and the Michele Barnhouse Content. Michele Barnhouse may terminate this license at any time for any reason or no reason. Additional terms may apply for any content that you download from the Service. Any such additional terms will be made available to you prior to initiating any applicable download.

 

License Restrictions. You shall not:

  • Copy the Apps, except as expressly permitted by this license;

  • Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Apps;

  • Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Apps or any part thereof;

  • Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Apps, including any copy thereof;

  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Apps or any features or functionality of the Apps, to any third party for any reason, including by making the Apps available on a network where it is capable of being accessed by more than one device at any time; or

  • Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Apps.

(c)  Reservation of Rights. You acknowledge and agree that the Apps is provided under license, and not sold, to you. You do not acquire any ownership interest in the Apps under this Agreement, or any other rights thereto other than to use the Apps in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Michele Barnhouse and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Apps, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

PROPERTY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Michele Barnhouse (“Michele Barnhouse Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Michele Barnhouse and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Michele Barnhouse for any purpose not expressly permitted by this Agreement.

 

PROHIBITED USES

You may use Michele Barnhouse apps only for lawful purposes and in accordance with the Terms of Use. You agree not to use Michele Barnhouse apps:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate Michele Barnhouse, a Michele Barnhouse employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Michele Barnhouse apps, or which, as determined by Michele Barnhouse, may harm Michele Barnhouse or users of Michele Barnhouse apps or expose them to liability.

Additionally, you agree not to:

  • Use Michele Barnhouse apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Michele Barnhouse apps, including their ability to engage in real time activities through Michele Barnhouse apps.

  • Use any robot, spider or other automatic device, process or means to access Michele Barnhouse apps for any purpose, including monitoring or copying any of the material on Michele Barnhouse apps.

  • Use any manual process to monitor or copy any of the material on Michele Barnhouse apps or for any other unauthorized purpose without Michele Barnhouse’s prior written consent.

  • Use any device, software or routine that interferes with the proper working of Michele Barnhouse apps.

  • To engage in fraudulent behavior towards any Michele Barnhouse partner or third-party data source

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Michele Barnhouse apps, the server on which Michele Barnhouse apps is stored, or any server, computer or database connected to Michele Barnhouse apps.

  • Attack Michele Barnhouse apps via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of Michele Barnhouse apps.


 

MONITORING AND ENFORCEMENT; TERMINATION

Without limiting the foregoing, Michele Barnhouse has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Michele Barnhouse to disclose the identity or other information of anyone posting any materials on or through Michele Barnhouse  apps. YOU WAIVE AND HOLD HARMLESS Michele Barnhouse AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Michele Barnhouse cannot and does not undertake to review all material before it is saved, downloaded or posted on Michele Barnhouse apps and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Michele Barnhouse assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Michele Barnhouse  has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


 

CONTENT STANDARDS

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Michele Barnhouse’s Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

  • Give the impression that they emanate from or are endorsed by Michele Barnhouse or any other person or entity, if this is not the case.

RELIANCE ON INFORMATION POSTED

The information presented on or through Michele Barnhouse apps is made available solely for general information purposes. Michele Barnhouse does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Michele Barnhouse disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Michele Barnhouse apps, or by anyone who may be informed of any of its contents.

The Michele Barnhouse Platform includes content provided by third parties, including materials provided by other users, restaurants, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Michele Barnhouse , are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Michele Barnhouse . Michele Barnhouse is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

APP UPDATES

Michele Barnhouse may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Michele Barnhouse has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  • the Apps will automatically download and install all available Updates; or

  • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Apps and be subject to all terms and conditions of the Terms of Use.

 

THIRD PARTY MATERIALS

The Michele Barnhouse  Platform may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Michele Barnhouse is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.  Michele Barnhouse does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third party’s terms and conditions.

 

CHANGES TO APPS

Michele Barnhouse may update the content on Michele Barnhouse apps from time to time, but its content is not necessarily complete or up to date. Any of the material on Michele Barnhouse apps may be out of date at any given time, and Michele Barnhouse is under no obligation to update such material.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO MICHELE BARNHOUSE APPS

All information Michele Barnhouse collects on this Michele Barnhouse Platform is subject to Michele Barnhouse ’s Privacy Policy. By using Michele Barnhouse apps, you consent to all actions taken by Michele Barnhouse with respect to your information in compliance with the Privacy Policy.

 

LINKING TO MICHELE BARNHOUSE’S APP’S AND SOCIAL MEDIA FEATURES

You may link to Michele Barnhouse ’s homepage, provided you do so in a way that is fair and legal and does not damage Michele Barnhouse ’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Michele Barnhouse ’s part without Michele Barnhouse ’s express written consent.

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The Michele Barnhouse Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party Michele Barnhouse Platforms to certain content on Michele Barnhouse apps.

  • Send e-mails or other communications with certain content, or links to certain content, on Michele Barnhouse apps.

  • Cause limited portions of content on Michele Barnhouse apps to be displayed or appear to be displayed on your own or certain third-party Michele Barnhouse Platforms.

You may use these features solely as they are provided by Michele Barnhouse , and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Michele Barnhouse provides with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Michele Barnhouse Platform that is not owned by you.

  • Cause Michele Barnhouse apps or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

  • Link to any part of Michele Barnhouse apps other than the homepage.

  • Otherwise take any action with respect to the materials on Michele Barnhouse apps that is inconsistent with any other provision of these Terms of Use.

The SMichele Barnhouse Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with Michele Barnhouse in causing any unauthorized framing or linking immediately to cease. Michele Barnhouse reserves the right to withdraw linking permission without notice.

Michele Barnhouse may disable all or any social media features and any links at any time without notice in Michele Barnhouse ’s discretion.

 

GEOGRAPHIC RESTRICTIONS

The owner of Michele Barnhouse apps, Michele Barnhouse , is based in the United States.  Michele Barnhouse provides Michele Barnhouse apps for use only by persons located in United States at this time. Michele Barnhouse makes no claims that Michele Barnhouse apps or any of its content is accessible or appropriate outside of the United States. Access to Michele Barnhouse apps may not be legal by certain persons or in certain countries. If you access Michele Barnhouse apps from outside of the United States,  the app will not work as intended.

 

DISCLAIMER OF WARRANTIES

You understand that Michele Barnhouse cannot and does not guarantee or warrant that files available for downloading from the internet or Michele Barnhouse apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Michele Barnhouse apps for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, Michele Barnhouse WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Michele Barnhouse PLATFORM, INCLUDING THE APP AND ANY software, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse   PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE Michele Barnhouse   PLATFORM, INCLUDING THE APP, ITS CONTENT AND ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse   PLATFORM, IS AT YOUR OWN RISK. THE Michele Barnhouse   PLATFORM, INCLUDING THE APP, ITS CONTENT AND ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Michele Barnhouse NOR ANY PERSON ASSOCIATED WITH Michele Barnhouse   MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Michele Barnhouse PLATFORM, INCLUDING THE APP OR ANY CONTENT, SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Michele Barnhouse   NOR ANYONE ASSOCIATED WITH Michele Barnhouse REPRESENTS OR WARRANTS THAT THE Michele Barnhouse PLATFORM, INCLUDING THE APP, ITS CONTENT OR ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse   PLATFORM, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE Michele Barnhouse   PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Michele Barnhouse   PLATFORM OR ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse   PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

To the fullest extent provided by law, Michele Barnhouse   HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE Michele Barnhouse   PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO Michele Barnhouse AND BY DOWNLOADING, SAVING, OR POSTING INFORMATION ON THE Michele Barnhouse   PLATFORM, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND Michele Barnhouse OTHER THAN PURSUANT TO THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD Michele Barnhouse   OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER.

 

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Michele Barnhouse , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Michele Barnhouse   PLATFORM, INCLUDING THE APPS, AND ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE Michele Barnhouse   PLATFORM OR SUCH OTHER WEBSITES, INCLUDING THE APPS AND ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE Michele Barnhouse   PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE Michele Barnhouse PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST Michele Barnhouse , ANY THIRD-PARTY PROVIDER OR ANY USER OF THE Michele Barnhouse   PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE Michele Barnhouse PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Michele Barnhouse IS TO DISCONTINUE USING THE Michele Barnhouse PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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INDEMNIFICATION

You agree to defend, indemnify and hold harmless Michele Barnhouse , its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Michele Barnhouse apps, including, but not limited to, your User Contributions, any use of Michele Barnhouse apps’s content, Goods, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Michele Barnhouse apps.

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GOVERNING LAW AND JURISDICTION

All matters relating to Michele Barnhouse apps and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Province of British Columbia without giving effect to any choice or conflict of law provision or rule (whether of the Province of British Columbia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or Michele Barnhouse ps shall be instituted exclusively in the federal courts of United States, although Michele Barnhouse retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE Michele Barnhouse APPS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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WAIVER AND SEVERABILITY

No waiver by Michele Barnhouse of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Michele Barnhouse to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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ENTIRE AGREEMENT

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, constitute the sole and entire agreement between you and Michele Barnhouse with respect to Michele Barnhouse apps and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Michele Barnhouse apps.

YOUR AGREEMENT TO THE TERMS

By using 911PetBuddy you acknowledge that you have read these terms, understand the terms, and will be bound by these terms. You further acknowledge that these terms together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

 

CONTACT US

If you have questions about our Terms Of Use, please contact us at 911petbuddy@gmail.com

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