PLEASE READ THESE TERMS AND CONDITIONS AND LOSTMYKITTY.COM'S PRIVACY
STATEMENT BEFORE PURCHASING A PET ALERT PACKAGE WITH LOSTMYKITTY.COM. THESE
TERMS AND CONDITIONS GOVERN YOUR USE OF LOSTMYKITTY.COM SERVICES. BY
USING LOSTMYKITTY.COM SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU SHOULD NOT PURCHASE A PET ALERT PACKAGE OR USE OUR SERVICES.
* Due to our upfront costs at the time of processing, paid services are NOT refunded or CANNOT be cancelled if pet is found before the next alert time OR for any other reason. You should
not purchase a pet package if you do not agree with these terms.
LostMyKitty.com may change these Terms and Conditions and the Privacy
Statement at anytime, without notice. Such changes and their effective
date will be posted on the LostMyKitty.com website at
http://www.lostmykitty.com and/or LostMyKitty.com will attempt to notify
you of these changes through other means. You agree to review changes
to these Terms and Conditions and the Privacy Statement and if any
change is not acceptable to you, you agree to terminate use of LostMyKitty.com
Services. Your continued use of LostMyKitty.com Services
after the effective date of any such change constitutes your acceptance
of all of the changes.
You are responsible for all use of Your account and for the security
of Your login identification so you should not transfer or permit any
other person to use Your account for LostMyKitty.com Services.
You must be eighteen (18) years or older to use LostMyKitty.com's
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LOSTMYKITTY.COM AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR USE (BY YOU OR ANY THIRD PARTY) OF LOSTMYKITTY.COM SERVICES, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM LOSTMYKITTY.COM'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS OR OF LOSTMYKITTY.COM SERVICES PROVIDED TO YOU.
YOU ACKNOWLEDGE THAT LOSTMYKITTY.COM SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF LOSTMYKITTY.COM SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF LOSTMYKITTY.COM SERVICES OR THAT LOSTMYKITTY.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOSTMYKITTY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL LOSTMYKITTY.COM BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPOR-TUNITY) WHETHER OR NOT LOSTMYKITTY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LOSTMYKITTY.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LOSTMYKITTY.COM'S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR LOSTMYKITTY.COM MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Entire Agreement. These Terms and Conditions, the License Agreement
and the Guidelines (the terms of which are hereby incorporated by
reference) together constitute the sole agreement between LostMyKitty.com
and You respecting the subject matter hereof and fully
supersede any and all other agreements, either oral or in writing.
You acknowledge and agree that You have read these Terms and
Conditions, the License Agreement and the Guidelines and understand
Legal Actions. This Agreement and its validity, construction and
performance shall be governed in all respects by the laws of the
State of Nevada. Exclusive jurisdiction and venue for all matters
related to this Agreement shall be in the state of Nevada, and
the parties hereby agree and consent to such jurisdiction and venue.
Any claim or controversy that arises out of or relates to this
Agreement, or the breach of it, shall be settled by arbitration in
accordance with the rules of the American Arbitration Association.
Judgement upon the award rendered may be entered in any court with
Severability. If any provision of these Terms and Conditions is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to effect the original intentions of the
parties, and the remainder of these Terms and Conditions shall remain
in full force and effect.
No Waiver. Any failure of LostMyKitty.com to enforce any provision
of these Terms and Conditions shall not constitute a waiver of any
rights under such provision or any other provision of these Terms
Jury Trial Waiver. YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY.
No Class Actions. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST LOSTMYKITTY.COM ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES FROM THE LOSTMYKITTY.COM SITE.
Specific questions about these Terms and Conditions should be