Terms & Conditions
What kind of information is collected? We may collect and store information about you including your name, email address, phone number, physical contact information, transactions, and email, third-party data and other information or data submitted through interaction with our products.
We may also collect information regarding your use of third-party products or services so we can integrate features of those third-party products or services with our products and services being provided to you.
How is the collected data used? Information collected may be used to enhance services provided by us, for marketing purposes, to prevent fraudulent activity, and to collect information and data related to the use of our products or services.
Fur Baby Tracker, LLC will not sell or share your personal information with third parties or for any commercial purposes without your consent. We may disclose aggregated and non-personally-identifiable information about the use of our products and services publicly or with third parties to help us improve our products and services.
We may also use trusted third-party service providers and vendors to help us in providing our products and services to you, such as services to host our product platform or for processing payments. We may also store personal information and other data on servers or in locations that are outside of our direct control. These service providers would have access to your information for the limited purpose of providing the service we have contracted with them to provide.
Finally, we may disclose your information and data in response to lawful requests from public or government authorities if we believe that it is reasonably necessary to do so to comply with a law or order, to protect a person's safety, or to protect our rights or property.
How your information is protected: Your privacy and the security of your information is important to us. We will store and transmit your information and data using practices that are consistent with commercially-reasonable and industry-standard safeguards to protect the integrity of your information and data. We are continuously evaluating and working to improve our security practices and best methods to protect your personal information and data.
Although we will undertake commercially-reasonable efforts to preserve and protect the integrity of your information and data, please understand that no security measures are without potential risks.
User control of collected data: You may decline to provide or submit personal information or data to us through our products or services, however some of our services or features of our products may not be available to you as a result. You also have a right to access information and data that we hold about you.
END USER AGREEMENT
This End User Agreement (the "Agreement") is between you (the "User"; OR “Users”) and Fur Baby Tracker, LLC ("FBT"), referred to individually each as a Party or collectively as the Parties.
FBT is the owner of certain proprietary products (the "Software"). FBT sells subscriptions for Users to access and use the Software via a hosted website, and for mobile devices, access to which will be provided to the User by FBT (the "Software Services").
FBT will make access to the Software Services available to User upon execution of an order by User (the "Order") and payment of any required initial fees under the Order.
User desires to use the Software Services for the User's personal and business purposes, including use by employees and other affiliates (collectively the "Authorized Users") pursuant to the terms and conditions of this Agreement.
Use of the Software Services: FBT grants to User a limited, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Software Services solely for their business purposes. The Software Services will not be used by User or by any Authorized Users for, or on behalf of, any third parties that are not authorized under this Agreement. FBT will use commercially reasonable efforts to ensure that Authorized Users use the Software Services in accordance with the terms and conditions of this Agreement. The User acknowledges that rights to use the Software Services will be only pursuant to the terms of this Agreement. Notwithstanding the foregoing, FBT will make available to the User software that is downloadable for installation on mobile devices, tablets, desktop, or other computers of User for accessing the Software Services from those devices. Use of software downloadable for installation on the User's devices is subject to this Agreement.
Fees and Term: User will pay FBT the recurring subscription amount set forth in the Order (the "Subscription Fee") for either a period of twelve (12) months (the "Initial Term"), or monthly based on the subscription duration selected. The User will pay the recurring subscription set forth in the Order on an ongoing monthly, and/or as a fee per instance of use. Users will further pay any consulting, setup, and installation fees identified in the Order.
Renewal: Subject to early termination as set forth in this Agreement, after the expiration of the Initial Term, this Agreement will automatically renew for subsequent one (1) year periods or monthly (1) periods based upon subscription type, unless either Party provides written notice of its election not to renew this Agreement at least thirty (30) days prior to end of the then-current month of the Initial Term or Term. The Subscription Fee of any subsequent Term after the Initial Term will be based on the then-current published prices of the Software Services as of the date of renewal.
Cessation of Use: Upon termination of this Agreement for any reason, all rights granted to User will immediately terminate, and the User will cease using the Software and the Software Services and will take reasonable steps to prohibit Authorized Users from further use of the Software and Software Services. Upon termination, FBT will retain any of the User's data for a period of thirty (30) days. FBT will provide access to the User's data for retrieval by User for thirty (30) days, after which FBT will no longer be responsible for any of the User's data associated with the Software and the Software Services.
Support and Maintenance: FBT will maintain the Software and the Software Services and provide any necessary patches and fixes to the Software and the Software Services it deems necessary at no additional cost. Such maintenance will not include any additional functionality or custom programming unless otherwise agreed between the Parties.
Hardware: Users will be responsible for purchasing any necessary hardware for use of the Software and the Software Services by the User. FBT may recommend particular hardware or specification suitable for use with the Software or Software Services but is not responsible for the purchase, reliability, or maintenance of any hardware required for use of the Software and Software Services.
Intellectual Property: All right, title, and interest in and to the Software, and all trade names, trademarks, trade secrets, proprietary information and other intellectual property of FBT (collectively the "FBT IP"), is, and at all times will remain, the sole exclusive property of FBT. Except the right to use the Software and the Software Services as expressly provided herein, this Agreement does not grant to User any rights to, or in, any FBT IP. Users will not, either directly or indirectly, copy, modify, duplicate, create derivative works from, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit, or distribute all or any portion of the Software in any form or media or by any means, and will not authorize or knowingly permit any Authorized Users to do the same.
Warranty Disclaimer: Except as provided herein above, the Software is provided on an "as-is" and "as-available" basis and FBT makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the Software. FBT will make commercially reasonable efforts to ensure that the Software is free of any viruses, Trojan horses, worms, and any other malicious software. Notwithstanding the foregoing, FBT does not represent or warrant that: (1) the use of the Software will be secure, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; or (2) the Software will meet User's requirements or expectations. Under no circumstances will FBT be liable to User for any direct, indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use the Software including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if FBT has been advised or should have known of the possibility of such damages.
The User accepts sole and complete responsibility for: (1) the selection of the Software and the Software Services to achieve User's intended results; (2) use of the Software and the Software Services; (3) the results obtained from the Software and Software Services; and (4) the terms of any contracts between the User and other Authorized Users. The User will not assert any claims against FBT based on theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and User will defend FBT from any demand, claim, and indemnify and hold FBT harmless from any and all losses, liabilities, costs, expenses, and damages, including reasonable attorneys' fees, directly or indirectly resulting from User's use of the Software and the Software Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will FBT be liable for any special, incidental, indirect, consequential, punitive, exemplary or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the Software Services, whether based upon contract, warranty, tort, negligence, strict liability or otherwise, even if FBT has been advised of the possibility of such damages. In any event, under no circumstances will FBT be liable to User for any losses, liabilities, costs, expenses or damages in any amount exceeding the Subscription Fee actually paid by User to FBT in the prior twelve-month period.
Default: The User will be in default of this Agreement if the User fails to make any payment when due and fails to cure the default within five (5) days after receipt of written notice thereof from FBT. Except for User defaults described above, either Party will be in default of this Agreement if the Party is in material breach of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice thereof from the non-breaching Party. If a Party is in default, the non-breaching Party may terminate this Agreement or seek any other remedies available at law or in equity, except as otherwise provided in this Agreement. In the event the User breaches or attempts to breach any provisions of this Agreement, FBT will have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempted breach.
Confidentiality: Each Party will use commercially reasonable efforts (but in no case less than the efforts used to protect its own proprietary, confidential, or non-public information) to protect all proprietary, confidential, or non-public information pertaining to or in any way connected to the Software, the Software Services, or User's User list, pricing or other confidential business information (collectively the "Confidential Information"). Neither Party will disclose or publicize Confidential Information of the other Party without such Party's prior written consent. The confidentiality obligations will expire three (3) years after the date of termination of this Agreement except that the terms of this Section will continue in effect with respect to trade secrets for so long as they remain trade secrets under applicable law. Notwithstanding the foregoing, the restrictions on disclosure herein will not apply to information (1) generally available to the public at the time of disclosure, or later available to the public other than through fault of the User; (2) already known to the User prior to disclosure pursuant to this Agreement; (3) obtained at any time lawfully from a third party under circumstances permitting its use or disclosure to others; or (4) required by law or court order to be disclosed.
Indemnification: The User will indemnify and hold harmless from and against any and all third party claims and causes of action, as well as related losses, liabilities, and judgments, awards, settlements, damages, expenses, and costs incurred or suffered by the User which directly relate to or directly arise out of (i) the violation or infringement of any third-party intellectual property rights by User's authorized use of the Software, and (ii) the willful misconduct or gross negligence of the User in using the Software and Software Services. Notwithstanding the foregoing, FBT will not be liable for any damages with respect or related to, or in connection with: (i) files or data uploaded through FBT by the User or any of its affiliates or end users; (ii) unauthorized or negligent uses of the Software or Software Services; or (iii) the User's failure to use, sublicense, or offer for subscription the Software for the purposes for which they were ordered.
Revision to Agreement: The terms of this Agreement may be periodically revised and updated by FBT upon issuance of updates or new versions of the Software or changes to the Software Services. Continued use of the Software and Software Services by User will be deemed to be an acceptance of the revised Agreement.
No Partnership, Joint Venture, or Agency: Nothing in this Agreement is intended to or will operate to create a partnership or joint venture between the Parties, or authorize either Party to act as an agent for the other, and neither Party will have the authority to act in the same or on behalf of or otherwise bind the other Party in any way.
Miscellaneous: This License Agreement is governed by the laws of the State of Delaware without regard to its conflict of law principles. All disputes hereunder shall be resolved by the federal or state courts located in New Castle County, Delaware. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. Failure to enforce any rights granted herein shall not be deemed a waiver as to subsequent enforcement of such rights.
If any portion of this License Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this License Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that part of this License Agreement that is unlawful, void or unenforceable shall be stricken from this License Agreement.
Neither the rights nor obligations arising under this License Agreement are assignable by the User. Any attempt to assign rights or obligations under this License Agreement will be void and without effect unless otherwise specified above.
Acknowledgment: THE USER ACKNOWLEDGES HAVING READ THIS LICENSE AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THE USER ALSO AGREES THAT THIS LICENSE AGREEMENT AND THE FBT INVOICE OR OTHER WRITTEN NOTICES AND/OR CERTIFICATIONS RECEIVED FROM FBT ENUMERATING THE NUMBER OF SYSTEM LICENSES TOGETHER COMPRISE THE COMPLETE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
Fur Baby Tracker, LLC
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