Legal Info

Legal Info

2 -Year Limited Warranty

October 2020

LIMITED WARRANTY ONLY FOR PRODUCTS PURCHASED IN U.S.A. AND ONLY FROM PETNOVATIONS APPROVED VENDORS.

This product has been engineered and crafted with great care for your satisfaction. Please read all instructions before using your CatGenie. PetNovations, Inc. warrants this product and all parts thereof, except as set forth below only to the original purchaser at retail to be free from defective materials and workmanship from the date of original retail purchase for the period shown below ("The Warranty Period").

A. This two-year limited Warranty is valid for the Warranty Period and applies only to replacement of the parts found to be defective in material or workmanship. This Warranty does not apply to damage due to misuse, abuse, neglect, alteration or if the Processing Unit has been opened or taken apart. PetNovations Inc has the right to void your Warranty for any of the above actions. Warranty does not apply to the use of any unauthorized attachment or damage caused by use of an electrical circuit not specified on the CatGenie product.

B. If this product is found to be defective, PetNovations, Inc. will repair or replace the defective parts at no charge to the original owner. Such replacement Supports shall be rendered solely by PetNovations, Inc. If any defects should be found in this product, please call PetNovations Customer Support toll free at 1-888-SELFWASH. A new or remanufactured equivalent part will be shipped directly to you. Once you receive the replacement part, kindly box the defective part, in the replacement box with the prepaid label enclosed and return to PetNovations, Inc.Ā  1100 Schell Lane, Suite 101-102, Phoenixville, PA 19460. PetNovations, Inc. will prepay all freight for the replacement item, as well as the return of the defective item in the 48 contiguous states. This Warranty is void and the owner will be charged for the replacement part if the owner repairs or modifies the product in any way or does not return the part if requested. This limited Warranty from PetNovations, inc. is valid only in 48 contiguous United States, and District of Columbia. (It is not valid in Alaska, Hawaii, or other countries. See B1.)

WARRANTY FOR ALASKA, HAWAII, PUERTO RICO AND CANADA

B1. For Customers outside the 48 contiguous states in Alaska, Hawaii, Puerto Rico and Canada ONLY. If this product is found to be defective, PetNovations, Inc. will replace the defective product parts less freight and duty to the original owner. Such replacement Supports shall be rendered solely by PetNovations, Inc. If any defects should be found in this product, please call PetNovations Customer Support at toll free 1-888-SELFWASH. A new or remanufactured part will be shipped directly to you and the outbound shipping and duty is your responsibility. Once you receive the replacement product, kindly box the defective product, in the replacement box, with the prepaid return label and return to PetNovations, Inc.Ā  1100 Schell Lane, Suite 101-102, Phoenixville, PA 19460. This Warranty is void and the owner will be charged for the replacement part if the owner repairs or modifies the product in any way or does not return the part if requested.

EXCEPTIONS: You are prohibited from using the software or the hardware comprising the CatGenie except as expressly intended by PetNovations, Inc. Any modification of the CatGenie, including, for example, by using a device that resets the counter embedded on the CatGenie SaniSolution Cartridges, is unauthorized, voids the Warranty set forth above and exceeds the scope of the license granted to you by PetNovations, Inc. You will be solely responsible for any damage, harm or loss related to your misuse or unauthorized use of the CatGenie. Further, PetNovations, Inc. will seek full remuneration for any damage, harm or loss incurred by PetNovations, Inc. related to your misuse or unauthorized use of the CatGenie.

Privacy Statement for Petnovations LTD and Its Subsidiaries' Websites

October 2021

This Privacy Policy describes how www.catgenie.com (the ā€œSiteā€ or ā€œweā€) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.ā€Æ

Collecting Personal InformationĀ 

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as ā€œPersonal Informationā€. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected:ā€Æversion of web browser, IP address, time zone, cookie information, what sites, or products you view, search terms, and how you interact with the Site.
  • Purpose of collection:ā€Æto load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection:ā€ÆCollected automatically when you access our Site using cookies, log files, web beacons, tags, or pixelsā€Æ
  • Disclosure for a business purpose:ā€Æshared with Google, Klaviyo.

Order information
Ā 

  • Examples of Personal Information collected:ā€Æname, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection:ā€Æto provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection:ā€Æcollected from you.
  • Disclosure for a business purpose:ā€Æshared with our processor Shopify, Paypal, Recharge, Affirm, Klaviyo, Yotpo.

Customer support information

  • Examples of Personal Information collected:ā€Æincluding credit card numbers, billing and shipping address, email address, and phone number.
  • Purpose of collection:ā€Æto provide customer support.
  • Source of collection:ā€Æcollected from you.
  • Disclosure for a business purpose:ā€ÆPayment processingā€ÆShopify, Paypal.

MinorsĀ 

The Site is not intended for individuals under the age ofā€Æ18.ā€ÆWe do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal InformationĀ 

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  • We use Kaviyo for emailā€Æmarketing and correspondence andā€Æcustomer can opt out at any time.

Behavioral AdvertisingĀ 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiativeā€™s (ā€œNAIā€) educational page atā€Æhttp://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Allianceā€™s opt-out portal at:ā€Æā€Æhttp://optout.aboutads.info/.Ā 

Using Personal InformationĀ 

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.Ā 

RetentionĀ 

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ā€˜Your rightsā€™ section below.Ā 

Selling Personal InformationĀ 

Our Siteā€Ædoes not sellā€ÆPersonal Information, as defined by the California Consumer Privacy Act of 2018 (ā€œCCPAā€)Ā 

Your rightsĀ 

CCPAĀ 

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ā€˜Right to Knowā€™), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information belowā€ÆĀ 

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.Ā 

CookiesĀ 

A cookie is a small amount of information thatā€™s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you donā€™t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether itā€™s their first time visiting or if they are a frequent visitor.Ā 

We use the following cookies to optimize your experience on our Site and to provide our services.Ā 

Cookies Necessary for the Functioning of the StoreĀ 

NameĀ 

FunctionĀ 

_abĀ 

Used in connection with access to admin.

_secure_session_idĀ 

Used in connection with navigation through a storefront.

cartĀ 

Used in connection with shopping cart.

cart_sigĀ 

Used in connection with checkout.

cart_tsĀ 

Used in connection with checkout.

checkout_tokenĀ 

Used in connection with checkout.

secretĀ 

Used in connection with checkout.

secure_customer_sigĀ 

Used in connection with customer login.

storefront_digestĀ 

Used in connection with customer login.

_shopify_uĀ 

Used to facilitate updating customer account information.

Reporting and AnalyticsĀ 

NameĀ 

FunctionĀ 

_tracking_consentĀ 

Tracking preferences.

_landing_pageĀ 

Track landing pages

_orig_referrerĀ 

Track landing pages

_sĀ 

Shopify analytics.

_shopify_sĀ 

Shopify analytics.

_shopify_sa_pĀ 

Shopify analytics relating to marketing & referrals.

_shopify_sa_tĀ 

Shopify analytics relating to marketing & referrals.

_shopify_yĀ 

Shopify analytics.

_yĀ 

Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a ā€œpersistentā€ or ā€œsessionā€ cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.Ā 

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.Ā 

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browserā€™s ā€œToolsā€ or ā€œPreferencesā€ menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browserā€™s help file or through such sites asā€Æwww.allaboutcookies.org.Ā 

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the ā€œBehavioral Advertisingā€ section above.Ā 

Do Not TrackĀ 

Please note that because there is no consistent industry understanding of how to respond to ā€œDo Not Trackā€ signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.Ā 

ChangesĀ 

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.Ā 

ContactĀ 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail atā€Æsupport@catgenie.comā€Æor by mail using the details provided below:Ā 

PetNovations, Inc.,ā€ÆPrivacyā€Æ1100 Schell Lane, 101-102, Phoenixville PA 19460, United StatesĀ 

Last updated:ā€ÆOctober 13, 2021Ā 

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.ā€ÆĀ 

Ā 

Privacy Statement for Petnovations LTD and Its Subsidiaries' Products and Services

October 2020

This Privacy Statement for PetNovations Products and Services (ā€œPrivacy Statementā€) describes information that PetNovations Ltd. and its subsidiaries and affiliates (collectively, ā€œPetNovationsā€) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

This document focuses on information related to the operation of PetNovations products and services. In this Privacy Statement, the expression ā€œPetNovations Productsā€ also includes our Web Apps, Mobile Apps, and Subscription Services as defined in our Terms of Service.

We provide additional details about how we collect and use information from our public web sites in our Privacy Policy for PetNovations Web Sites.

Our Pledge:

  1. We will be transparent about the different types of information we collect and how we use them.
  2. We will ask your permission before sharing your personal information with third parties for purposes other than at your request or to provide PetNovationsā€™s Products, and to do so only when we think they will provide you with a welcome additional service.
  3. We will use best-in-class data security tools to keep your data safe and protect the PetNovations Products from unauthorized access.

Your Consent:

Consent to data collection and processing. By using PetNovations Products, you agree to allow us to collect and process information as described in this Privacy Statement.

Consent to international data transfers. Your personal information may be collected, processed and stored by PetNovations or its service providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using PetNovations Products in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, you consent to the transfer of your personal data to the United States and other countries where PetNovations operates.

Ā What information does the PetNovations CatGenie A.I. collect?Ā 

The PetNovations CatGenie A.I.collects:

  • Setup information you provide
  • Environmental data from the PetNovations CatGenie A.I. sensors
  • Direct adjustments to the device, including temperature or settings
  • usage information
  • Technical information from the device

Setup information you provide: When you install the PetNovations CatGenie A.I., youā€™ll be asked several questions in order to help us create an initial profile. This information helps us to customize your experience. Answering these questions helps us to set up an initial program that will keep you and your pet satisfied.

Environmental data from the PetNovations CatGenie A.I.ā€™s sensors: We collect data from several sensors built into the PetNovations CatGenie A.I..These sensors collect data such as motor temperature, ambient light in the room and filling and draining times.

Direct adjustments to the device: If you change settings on the PetNovations CatGenie A.I., it records and feeds that information to the PetNovations algorithms to learn your desired running.

Usage information: Every time your pet visits the unit and when the system turns on and off, PetNovations records the time and duration during which your system was on in order to offer you features such as usage history.

Technical information from the device: In order to improve your experience over time and help troubleshoot any problem you may encounter with the PetNovations CatGenie A.I., we record your PetNovations CatGenie A.I.model and serial number, software version, and technical information.

What information is shared among multiple connected PetNovations Products?

If you have multiple PetNovations or affiliates Products interfacing with one another, the products will share certain information with each other, This sharing may occur locally among connected devices (both PetNovations and third-party devices). Sharing can also occur between PetNovations Products and your mobile device or application, or among PetNovations's servers.

How does my PetNovations Product or account interact with third parties?

If I use Works with PetNovations to connect third-party products and services to PetNovations, will information be shared? When you choose to connect third-party products and services through Works with PetNovations, you are shown details about any proposed exchange(s) of data between PetNovations and the third party that is providing the product or service. In some cases, PetNovations or the third party will instead (or also) ask for permission to control the products that you have connected. Your consent is required to allow any of these exchanges or requests for control and you will be able to revoke it at any time.

Is information shared with or received from third parties, outside of the Works with PetNovations program? PetNovations may share information with third parties with your permission. PetNovations requires your consent before sharing information in these circumstances. We may also receive information from our partners and other sources and combine that with the information in your PetNovations account. For example, in order to offer rewards programs, we might receive information (such as which of our partners offers services where you live) to determine eligibility and efficacy of our programs.

Additional information about the limited circumstances in which information from your PetNovations account may be shared with third parties is described below in the section titled "In what circumstances does PetNovations share my information?".

Any PetNovations data that you choose to share with a third party is governed by that third partyā€™s privacy policy while in that partyā€™s possession.

Any data that PetNovations receives from third-parties will be processed and stored by PetNovations and will be treated in accordance with this Privacy Statement. This information may be processed in the same ways as any other data that is a part of your PetNovations account or the PetNovations logs.

What additional information does PetNovations collect and store when a user connects a PetNovations Product to the Internet or creates an account?

Wi-Fi Network Information: To connect your PetNovations Product to our Services, or to access your PetNovations Product over the Internet from a computer, a smartphone or a tablet, you will need to connect it to your Wi-Fi network. During setup, the PetNovations Product will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with PetNovations servers and download software updates.

Once connected to your Wi-Fi network, your PetNovations Product regularly sends the data described in this Privacy Statement (excluding your Wi-Fi password) to PetNovations to provide you with the Services.

Additional Authorized Users: PetNovations may provide you with the ability to enable additional authorized users to access your account. If you do so, the additional authorized users may control and view all of your devices, content, and Works with PetNovations connections. Invited users may also add additional authorized users to your account, so be careful to add only those you trust. An invited user must have or create a PetNovations account, and information about invited users (like email address, name, or changes to product settings) will be stored with your account.

Email Addresses: When you create a PetNovations account, we collect and store your email address. From that point forward, your email address is used for communications from PetNovations. In addition, PetNovations may provide you with the ability to enable individuals to access your account as additional authorized users. We will ask you for the email address of any such individuals and automatically send an email invitation on your behalf. PetNovations stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation services.

Basic Profile Information: Your account allows you to provide certain basic profile information like your petā€™s name and profile photo. Names and profile photos may be shown to others in connection with the Services. For example, if you invite someone as an additional authorized user, he or she will be able to see your pets name and photo. You should only use photos you are willing to make public.

Bluetooth data: Bluetooth-enabled PetNovations Products may broadcast an identifying signal wirelessly. This is used to connect with your Bluetooth-enabled devices (such as a smartphone or tablet) in order to deliver features like easy setup.

Remember that when you visit our Sites, we collect personal information as described in our separate Privacy Policy for PetNovations Web Sites. Like most Internet sites, we routinely record log entries (including information such as your IP address) and technical information (such as your browser type and version) when your browser, mobile device or PetNovations Product contacts our servers.

How does PetNovations use the information it collects?

We use this information to provide, develop and improve PetNovations Products and services, including to make assessments and recommendations about products. We may use your contact details to send you this information, or to ask you to participate in surveys about your PetNovations use, and to send you other communications from PetNovations.

We may also use this information in an aggregated, non-identified form for research purposes and to help us make sales, marketing, and business decisions.

We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.

We use industry-standard methods to keep this information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, PetNovations may process your personal information on servers that are not in your home country.

In what circumstances does PetNovations share my information?

Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the activation and delivery of PetNovations Products and services without asking you first. Period. We do not rent or sell our customer lists.

The following are the limited situations where we may share personal information:

  • With your consent: We may share personal information when we have your consent. One example of this would be if you invite another user to access the Products on your account as an additional authorized user. Another example is if you sign up for programs offered by our partners ; if you do this, we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device. Similarly, when you connect third-party devices and services to your PetNovations Products through the Works with PetNovations program, you are shown information about any proposed exchange of data. Your consent is required to allow these exchanges on your behalf and you can change your mind at any time.
  • For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems.ā€ØThese technicians (as well as PetNovations employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-PetNovations purposes.
  • As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
  • For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, we may disclose information in response to legal process and we may disclose information in response to lawful requests by public authorities in the United States and other countries for the purposes of law enforcement and national security.

We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends about energy use or elevated carbon monoxide levels in the home. This information may also be shared with other users to help them better understand their energy usage compared to others in the PetNovations community, raise awareness about safety issues, or help us generally improve our system. We may also share non-personal information with our partners, for example, if they are interested in providing demand-response services or other incentive programs. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.

If you select an outside party for the purchase, installation, or service of your PetNovations device and share your personal information, we cannot control the collection, storage or sharing of information collected by that party. For example, if you buy a PetNovations CatGenie A.I.from a retailer, the retailer may collect personal information as part of the transaction. Or the party that installed the device may retain information that you provided to them to assist them in servicing the device if needed. Always check the privacy policies for any company that collects your personal information.

What choices do I have and how can I delete my personal information?

PetNovations generally stores your personal information on PetNovationsā€™s servers until you delete or edit it, or for as long as you remain a PetNovations customer in order to provide you with PetNovations Products.

As described above, some information is processed and stored directly on the PetNovations device. All personal information is encrypted as it is transmitted to PetNovations and cannot easily be accessed.

You can delete the information on the PetNovations device by resetting it to the defaults (using Reset in the Settings menu).

You can access, amend or delete your personal information from PetNovationsā€™s servers through the controls in your account. Because of the way we maintain certain Services, after your information is deleted, backup copies may linger for some time before they are deleted, and we may retain certain data for a longer period of time if we are required to do so for legal reasons.

Can the Privacy Statement be changed?

Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website or by contacting you.

How can I contact PetNovations?

PetNovations 1100 Schell Lane, suite 101-102 Phoenixville, PA 19460 USA

If you have any questions, please contact us at support@catgenie.com.

Ā 

Terms of Service

October 2020

PetNovations, LTD., and its subsidiaries (collectively, ā€œPetNovationsā€) provides: (1) a PetNovations user account website that may be accessed at CatGenie.comĀ  (each ā€œSiteā€), (2) services accessible through the Sites (ā€œWeb Appsā€), (3) software that may be downloaded to your smartphone or tablet to access services (ā€œMobile Appsā€), and (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (ā€œSubscription Servicesā€), all for use in conjunction with PetNovations hardware products (ā€œProductsā€) and in other ways that PetNovations provides. The term ā€œServicesā€ means the Sites, Web Apps, Mobile Apps, and Subscription Services.

These Terms of Service (ā€œTermsā€ or ā€œAgreementā€) govern your access to and use of the Services and Products. Please read these terms carefully. THEY REQUIRE THE USE OF MANDATORY BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW IF YOU WISH TO OPT OUT OF THIS PROVISION. The term ā€œyou,ā€ as used in these Terms, means any person or entity who accesses or uses the Services or Products and any person or entity who creates an Account (as defined in Section 2(a)) and accepts these Terms, including Owners, Authorized Users (as defined in Section 2(b)), and the parents or guardians of Authorized Users, as applicable (as described in Section 1(b)(ii)). These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, MANDATORY AND BINDING ARBITRATION, LIMITATIONS OF LIABILITY, INDEMNIFICATION, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION AND WAIVER OF PUNITIVE DAMAGES UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES) OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY (SUBJECT TO SECTION 1(b)(ii) BELOW) TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE, SUBJECT TO SECTION 1(b)(ii) BELOW, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES AND PRODUCTS.

AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES AND PRODUCTS, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

  1. Overview, Eligibility, Customer Service, Term and Termination (a) Overview and Relation to Other Agreements. These Terms govern your use of the Services and Products. Your purchase of any Product is governed by the limited warranty provided with that Product (ā€œLimited Warrantyā€) and may further be governed by the Sales Terms. The software embedded in the Product (and any updates thereto) (ā€œProduct Softwareā€) is licensed and governed by the End User Licensing Agreement. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules, and the Website Privacy Policy ("Website Privacy Policy"), and the Privacy Statement for PetNovations Products and Services (ā€œPrivacy Statementā€), are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services and Products. (b) Eligibility. (i) You may use the Services and Products only if you have the legal capacity to form a binding contract with PetNovations (except subject to the provisions of clause (1)(b)(ii) below), you accept these Terms through a Site, Web App or Mobile App, or by accessing or using the Services or Products, and only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Only individuals age 18 and older are permitted to act as Owners of PetNovations Accounts. (ii) If you are an Authorized User, you represent and warrant that you are over the age of 13 (or equivalent minimum age in the jurisdiction where you reside), and in the event you are between the age of 13 (or equivalent minimum age in the jurisdiction where you reside) and the age of majority in the jurisdiction where you reside, that you will only use the Services and Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Services and Products by individuals under the age of 13 (or equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms. The Services and Products are not available to any users previously prohibited from using the Services and Products by PetNovations. (c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact PetNovations. (d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms. At any time, PetNovations may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to you if PetNovations in good faith believes that you have used the Services or Products in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as described below) and will need to register for a separate Account with PetNovations and accept these Terms. (e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
  2. Accounts (a) Your Account. To use the Services and certain Products, you must register for a user account (ā€œAccountā€) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services and Products will not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use ā€œstrongā€ passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify PetNovations of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. PetNovations is not liable for any loss or damage arising from your failure to comply with the above requirements. (b) The individual who creates an Account is the ā€œOwnerā€ of that Account and is the Owner of the Products associated with that Account. Individuals who are authorized to access an Ownerā€™s Products and Services are ā€œAuthorized Users.ā€ Authorized Users may have the ability to use the Services and monitor and control the Products (for example, an Authorized User can change your heating and cooling schedule or turn your camera on or off). Authorized Users may also have the ability to view information (including personal information) and content across all of an Ownerā€™s Products, Services, and Works with PetNovations connections (for example, an Authorized User will receive mobile alerts or can view your video history). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Ownerā€™s Products, Services and Account. If you are an Owner who invites or enables an Authorized User, you acknowledge and agree that such Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Products and Services set out above. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your Account, Products, and Services.
  3. Access to Services (a) Access and Use. Subject to these Terms, PetNovations grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by PetNovations for your use (the ā€œPermitted Purposeā€), and (ii) installing and using the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose. (b) Automatic Software Updates. PetNovations may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (ā€œUpdatesā€). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to promptly install any Updates PetNovations provides. Your continued use of the Services and the Products is your agreement ā€“ (i) to these Terms with respect to the Services and Products, (ii) to the www.CatGenie.com. PetNovations is not responsible for any automatic filtering you or your network provider may apply to email notifications. PetNovations recommends that you add @catgenie.com and @petnovations.com email addresses to your email address book to help ensure you receive email notifications from PetNovations. (h) Disclosures. Please see here for PetNovationsā€™s address. If you are a Pennsylvania resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Bureau of Consumer Protection by contacting them in writing at 15th Floor, Strawberry Square Harrisburg, PA 17120, or by telephone at 800-441-2555. (i) Copyright/Trademark Information. Copyright Ā© 2006ā€“2019, PetNovations, Inc., Inc. All rights reserved. All trademarks, logos, and service marks (ā€œMarksā€) displayed on the Services are the property of PetNovations or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of PetNovations or such respective holders. PetNovations reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.

End User License Agreement

October 2020

By using the software (ā€œProduct Softwareā€) that is embedded on the PetNovations product (ā€œProductā€), you agree to the terms of this End User License Agreement (ā€œEULAā€) between you and PetNovations, Inc. (ā€œPetNovationsā€ or ā€œweā€). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING PETNOVATIONS AT THE ADDRESS BELOW. Your use of (a) the website located at CatGenie.com and any sub-domains (each, a ā€œSiteā€), (b) services through the Site (and any updates thereto) (ā€œSite Servicesā€), and (c) certain software that may be downloaded to your mobile device (and any updates thereto) (ā€œMobile Softwareā€) is governed by the Terms of Service Your purchase of the Product (excluding the Product Software) is governed by the PetNovations limited warranty, the terms of which are provided with the Product. This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software).

This EULA governs your access and use of the Product Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.

THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE PRODUCT SOFTWARE.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PRODUCT SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PRODUCT SOFTWARE.

PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

  1. License.Subject to the terms of this EULA, PetNovations grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
  2. Restrictions.You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact PetNovations and provide PetNovations an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of PetNovations for each such release
  3. Automatic Software Updates.PetNovations may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Product Software and related services (ā€œUpdatesā€). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Product and the Product Software and you agree to promptly install any Updates PetNovations provides. Your continued use of the Product is your agreement to this EULA.
  4. Ownership.The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of PetNovations and its licensors. PetNovations and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to PetNovations with respect to the Product Software shall be PetNovationsā€™ property. PetNovations may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that PetNovations does not waive any rights to use similar or related ideas previously known to PetNovations, developed by its employees, or obtained from other sources
  5. Term and Termination.This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. PetNovations may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to PetNovations. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 18 (inclusive) will remain in effect, after any such termination.
  6. Warranty Disclaimer.NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETNOVATIONS PROVIDES THE PRODUCT SOFTWARE ā€œAS-ISā€ AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PETNOVATIONS DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. PETNOVATIONS MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.OU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE PRODUCT SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND PETNOVATIONS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PLUMBING, HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT SOFTWARE, OR PRODUCT
  7. Limitation of LiabilityNothing in this EULA and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) PETNOVATIONS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT SOFTWARE, EVEN IF PETNOVATIONS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) PETNOVATIONSā€™ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO PETNOVATIONSOR NESTā€™S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. PETNOVATIONS DISCLAIMS ALL LIABILITY OF ANY KIND OF PETNOVATIONSā€™ LICENSORS AND SUPPLIERS
  8. Confidentiality. ā€œConfidential Informationā€ shall mean the Product Software and all other information disclosed to you that PetNovations characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this EULA, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of PetNovations. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify PetNovations in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with PetNovations in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify PetNovations prior to such disclosure to allow PetNovations an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with PetNovations in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
  9. Governing Law; Venue. You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief relating to this EULA, will be governed by the laws of Pennsylvania , without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Montgomery County, Pennsylvania and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that PetNovations may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
  10. Assignment.Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect.
  11. Notices. Any notice to you may be provided by email to the address that you registered with PetNovations.
  12. Severability. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  13. Waiver. All waivers by PetNovations will be effective only if in writing. Any waiver or failure by PetNovations to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  14. General. The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. PetNovations will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors. You acknowledge that the Product Software contains valuable trade secrets and proprietary information of PetNovations, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to PetNovations for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA.

Except as otherwise provided in this section, no amendment to this EULA will be valid unless it is in writing hand-signed by the parties.

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Questions or Additional Information. If you have questions regarding this EULA, please contact PetNovations.

Sales Terms

October 2020

  • Welcome to the online store (the "Store") provided by PetNovations, Inc. ("PetNovations"). Your purchase of products ("Products") and/or subscription services ("Subscription Services") from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale ("Terms & Conditions") and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with any PetNovations Product.
  • THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR SUBSCRIPTION SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
  • We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from CatGenie, the Terms & Conditions in force at that time will apply between you and PetNovations. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms & Conditions that affect your subscription. If you have any questions regarding these Terms & Conditions, you can contact CatGenie.
  • The Store is for retail sales to private consumers only. Please contact store@catgenie.com if you wish to purchase wholesale supplies.
  • Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Dispute Resolution and Arbitration section below if you wish to opt out of this provision. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
  • Although the Store is accessible worldwide, the Products and Subscription Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Subscription Services outside the United States and Canada (each, a "Target Country"), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and the Products and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, PetNovations accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Subscription Services in a non-Target Country.
  1. Compatibility.You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home. You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 90-day refund policy described below.
  1. Reservations and Pre-Orders.Products available for reservation and pre-order are not offered for sale by PetNovations. Your placement of a reservation and pre-order does not create a contract for sale.By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to PetNovations to purchase the Product subject to these Terms & Conditions. PetNovations will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged.Later, when the Product is offered for sale, PetNovations may accept your offer to purchase Products subject to these Terms & Conditions. At that time, PetNovations will capture payment on the payment card you provided and ship your Product. PetNovations may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.PetNovations reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
  1. PaymentBy providing a credit card or other payment method accepted by PetNovations, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your PetNovations account, you can do so at any time by logging into your account and editing your payment information.
  1. Availability and Pricing.All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice.
  1. Sales Tax.Depending on the order, CatGenie.com calculates and charges sales tax in accordance with applicable laws.
  1. Resale and Title Transfer.Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by PetNovations to the freight carrier, but PetNovations and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
  1. Shipping and Delivery.Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.The Products available on the Store have been designed, marketed and sold for use by residents of the United States and Canada, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English/Spanish (U.S./Canada) and packaging and limited key instructions are available in French (Canada). The Products available on the Store are not intended for use outside of the United States and Canada, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
  1. InstallationThere may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. PetNovations is not responsible for any injury or damage caused by self-installation.
  1. Returns for Refund.To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 10 days following the day on which you notify PetNovations customer support that you desire to return your Product. Unless we determine that the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including the cost of shipping the Product back to PetNovations). We will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise or discounts you received. If you purchase a Bundle (multiple Products sold together at a discount), we will not provide a refund if you return only part of the Bundle, and you must return all of the Products sold together in that Bundle in order to receive any refund. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).We will process the refund due to you as soon as possible and, in any case, within 10 days from the date of receipt by PetNovations of the returned Product. The Product is not eligible for a refund after the 90-day period.
  1. Dispute Resolution and ArbitrationPLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. (a) Arbitration. PetNovations and you agree to arbitrate all disputes and claims that arise from or relating to these Terms & Conditions or your use of the Products and/or Subscription Services in any way, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms & Conditions and/or your use of the Products and/or Subscription Services, regardless of the legal theory; claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us; claims that arose before you accepted these Terms & Conditions (such as claims related to disclosures or the marketing of the Products and/or Subscription Services or the process for seeking approval to use the Products and/or Subscription Services);claims that may arise after the termination of your use of the Products and/or Subscription Services or any agreement between us; and claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and PetNovations.This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or PetNovations may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.You agree that, by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class or representative action. These Terms & Conditions evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. (b) Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to PetNovations should be sent to: PetNovations Legal Department, 1100 Schell Lane Suite 101-102 Phoenixville, PA 19460. PetNovations will send notice to you at the eā€‘mail and/or mailing addresses associated with your account. Your notice to PetNovations must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration. (c) Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1ā€‘800ā€‘778ā€‘7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in Montgomery Country Pennsylvania. If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between PetNovations and PetNovations users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.(d) Costs of arbitration. The AAAā€™s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1ā€‘800ā€‘778ā€‘7879). PetNovations will pay all AAA filing, administrative, and arbitrator fees for any arbitration that PetNovations commences. If you provided PetNovations with 60 daysā€™ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, PetNovations will pay your share of any such AAA fees. If the value of your claim exceeds $75,000, the allocation of AAA fees will be governed by the AAA Rules (If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse PetNovations for amounts that PetNovations paid on your behalf. (e) No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PETNOVATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsectionā€™s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. (f) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section 11, you must notify PetNovations in writing within 30 days of the date that you first accept these Terms & Conditions (unless a longer period is required by applicable law). Your written notification must be mailed to PetNovations at the following address: PetNovations Legal Department, 1100 Schell Lane Suite 101-102 Phoenixville, PA 19460. Subject to section 11(g) below, if you do not notify PetNovations in accordance with this section 11(f), you agree to be bound by the arbitration and class-action waiver provisions of these Terms & Conditions, including such provisions in any Terms & Conditions revised after the date of your first acceptance.Such notification must include: (a) your name, (b) the email address associated with your PetNovations account, (c) your mailing address, and (d) a statement that you do not wish to resolve disputes with PetNovations through arbitration. This notification affects these Terms & Conditions only; if you previously entered into other arbitration agreements with PetNovations or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms & Conditions shall not affect the other arbitration agreements between you and PetNovations. (g) Future changes to arbitration provision. If PetNovations makes any changes to the Dispute Resolutions and Arbitration section of these Terms & Conditions (other than a change to the address at which PetNovations will receive notices of dispute, opt-out notices, or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to PetNovations Legal Department, 1100 Schell Lane Suite 101-102 Phoenixville, PA 19460. It is not necessary to send us a rejection of a future change to the Dispute Resolution and Arbitration section of these Terms & Conditions if you had properly opted out of the arbitration and class-action waiver provisions in this section 11 within the first 30 days after you first accepted these Terms & Conditions. If you have not properly opted out of the arbitration and class-action waiver provisions in this section 11, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
  1. Warranties and Disclaimers.As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product. With respect to PetNovations Products, you may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your PetNovations Product, you should contact PetNovations.You use any Products or Subscription Services at your own discretion and risk. You will be solely responsible for (and PetNovations disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a "guarantee," PetNovations does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product and/or Subscription Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond PetNovationsā€™s control or knowledge.
  1. Limitation of Liability.Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) PETNOVATIONS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SUBSCRIPTION SERVICES, EVEN IF PETNOVATIONS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) PETNOVATIONSā€™S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SUBSCRIPTION SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO PETNOVATIONS OR PETNOVATIONSā€™S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. PETNOVATIONS DISCLAIMS ALL LIABILITY OF ANY KIND OF PETNOVATIONSā€™S LICENSORS AND SUPPLIERS.
  1. Data Protection.By placing an order for Products and/or Subscription Services, you agree and understand that PetNovations may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. PetNovations may also share such data globally with its subsidiaries and with PetNovations LTD (Israel). PetNovations will protect your information in accordance with the Privacy Policy for PetNovations Web Sites. PetNovations works with other companies that help PetNovations provide Products to you, such as freight carriers and credit card processing companies, and PetNovations may have to share certain information with these companies for this purpose.
  1. Electronic Communications.You are communicating with PetNovations electronically when you use the Store or send email to PetNovations. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about PetNovationsā€™s products and services unless you opt-out of such emails using the opt-out link in the emails.
  1. Notifications.PetNovations may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your PetNovations account, hard copy, or posting of such notice on the PetNovations website. PetNovations is not responsible for any automatic filtering you or your network provider may apply to email notifications. PetNovations recommends that you add @CatGenie.com URLs to your email address book to help ensure you receive email notifications from PetNovations.
  1. Force Majeure.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  1. Protection of Confidentiality and Intellectual Property Rights.Notwithstanding the foregoing, PetNovations may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.ā€Ø
  1. Severability.If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
  1. Survivability.The obligations in Sections 11, 12, 13, and 14 through 22 will survive any expiration or termination of these Terms.
  1. Waiver.Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
  1. Governing Law and Jurisdiction.These Terms & Conditions are governed by the laws of the State of Pennsylvania without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Montgomery County, Pennsylvania for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.

FCC Compliance

October 2020

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Reorient or relocate the receiving antenna.
  • Increase the separation between the equipment and receiver.
  • Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
  • Consult the dealer or an experienced radio/TV technician for help.

This device complies with part 15 of FCC rules. Operation is subject to the following two conditions:

  1. This device may not cause harmful interference.
  2. This device must accept any interference received, including interference that may cause undesired operation.

Change or modifications that are not expressly approved by the manufacturer could void the userā€™s authority to operate the equipment.

RF Exposure Information

This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. In order to avoid the possibility of exceeding the FCC radio frequency exposure limits, human proximity to the antenna shall not be less than 20cm during normal operation.

Intellectual Property and Other Notices

October 2020

Intellectual Property and Other Notices

All intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in PetNovations, Ltd. hardware products, software products, and services, including CatGenie websites, web apps, and mobile apps (collectively, ā€œPetNovations Products and Servicesā€) are owned by PetNovations Ltd. and/or its affiliates or licensors. Your possession, access, and use of any of PetNovations Products and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

You may only use PetNovations Products and Services for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the prior written consent of PetNovations. You must have a license from us, and comply with the terms of such license, before you can use, post or redistribute any portion of the Services.

Cat sitting on top of open book
Cat sitting on top of open book

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