Terms of Use

These Terms of Use (“Terms of Use”) constitute a binding agreement between you ("End User" or "you") and Arovast Corporation and its subsidiaries and affiliates (“Arovast,” “we” or "Company"), together with our Privacy Policy and any other documents that are expressly incorporate by reference, including, but not limited to, our Return Policies, Limited Warranty Policies, and Copyright Policy (collectively, "Agreement"). This Agreement governs your use of the Pawync.com Website (including all related documentation, the "Website") and Pawsync Application, (including all related documentation, the "Application"), which includes, but is not limited to, your use of the Application for its Interactive Services (as defined by Section 12), Marketplace Services (as defined by Section 16), and/or for access to products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application (collectively as “Services”). The Application and Website are licensed, not sold, to you.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU START TO USE THE WEBSITE AND APPLICATION.BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT ON PAPER SIGNED BY YOU. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD THE APPLICATION AND DELETE IT FROM YOUR DEVICE. PLEASE NOTE, IF YOU DO NOT USE THE WEBSITE AND APPLICATION, YOUR USE OF PAWSYNC-CONNECTED DEVICES WILL BE LIMITED, AND YOU WILL NOT HAVE ACCESS TO ALL THE FUNCTIONALITIES AND FEATURES AVAILABLE TO YOU.

DISPUTES WILL BE ARBITRATED; NO CLASS ACTIONS YOU ACKNOWLEDGE THAT THIS AGREEMENT, IN SECTION 34 BELOW, CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND THE COMPANY. EXCEPT FOR LIMITED EXCEPTIONS, THE AGREEMENT TO ARBITRATE WILL REQUIRE THAT YOU AND THE COMPANY SUBMIT DISPUTES BETWEEN US TO BINDING AND FINAL ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THE AGREEMENT TO ARBITRATE. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (B) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application and Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application and Website. Your continued use of the Application and Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The Application and Website are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge and agree that the Application and Website are provided under license, and not sold, to you. You do not acquire any ownership interest in the Application and Website under this Agreement, or any other rights thereto other than to use the Application and Website in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves, and you acknowledge that Company and its licensors own and shall retain the entire right, title, and interest in and to the Application and Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

License Grant

In return for your acceptance to this Agreement, and subject to our Intellectual Property Rights, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application and Website for your personal, non-commercial use on a single mobile device, a computer owned or otherwise controlled by you ("Device") strictly in accordance with the Application's documentation.

License Restrictions

You shall not:

copy the Application, except as expressly permitted by this Agreement;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application and Website;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application and Website or any part thereof except and only to the extent that applicable law expressly entitles you to do so notwithstanding this limitation as long as you provide notice to Company of such conduct and the purpose for it;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application and/or Website, or any features or functionality of the Application and/or Website, to any third party for any reason, except to the extent the Application and/or Website are shared with family members under the terms of services of the application store from which the Application and Website were obtained, provided the members of your family also agree to be bound by this Agreement; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application
Access to the Application and Website and Account Security

In order to access and use the Application and Website, you may be asked to provide certain registration details or other information. You are not allowed to register on behalf of another person. It is a condition of your use of the Application and Website that all the information you provide on the Application and Website is correct, current, and complete. You agree that all information you provide to register with this Application or otherwise, including, but not limited to, through the use of any interactive features on the Application and Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Application and Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Also, you are responsible for making all the arrangements necessary for you to have access to the Application and Website.

Age Restriction

This Application and Website are offered and available to users who are 18 years of age or older. By using this Application and Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application and Website.

Geographic Restrictions

Your access to certain Services may be restricted and may not be available to you based on your geographic locations. You acknowledge that you may not be able to access all or some of the Services that are available only outside of your geographic location and that access thereto may not be legal by certain persons or in certain countries. If you access those Services that are restricted based on your geographic locations, you are responsible for compliance with local laws.

Use Restrictions

Your permission to use the Application and Website is conditioned upon the following:

You agree that you will not under any circumstances: (i) access the Application and Website for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Application and Website; (ii) use the Application and Website for any unlawful purpose or for the promotion of illegal activities, collect or harvest any personal data of any user of the Application and Website; (iii) attempt to, or harass, abuse or harm another person or group, or engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application and Website, or which, as determined by us, may harm the Company or users of the Application and Website, or expose them to liability; (iv) use another user’s account without permission, intentionally allow another user to access your account, and/or provide false or inaccurate information when registering an account; (v) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (vi) make any automated use of the Application and Website or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; (vii) interfere or attempt to interfere with the proper functioning of the Application and Website, bypass any measures we take to restrict access to the Application and Website, or use any software, technology, or device to scrape, spider, or crawl the Application and/or Website or harvest or manipulate data; (viii) circumvent, disable or otherwise interfere with any security-related features of the Application and/or Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Application and/or Website or the content accessible via the Application and/or Website, (ix) and/or publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s Device.
You agree that you are solely responsible for your account and the activity that occurs while signed in to or while using your account.

Posting And Conduct Restrictions

The Application and Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Content” or “User Content”) on or through the Application and/or Website. We grant you permission to use and access the Interactive Services of the Application and Website, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of this Agreement. By transmitting and submitting any User Content while using the Interactive Service, you agree as follows:

You represent and warrant that (i) you own the Content posted by you on or through the Application and/or Website or otherwise have the right to grant the license set forth in this Section, (ii) the posting and use of your Content on or through the Application and/or Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Application and/or Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the application.
You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Application and/or Website. The Application and/or Website are not responsible for any public display or misuse of your User Content.
We are only acting as a passive conduit for your online distribution and publication of your User Content.
You will not post information that is malicious, libelous, false, or inaccurate.
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
You will not post anything that may violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.
You will not promote any illegal activity, or advocate, promote, or assist any unlawful act.
You will not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
You will not impersonate any person, or misrepresent your identity or affiliation with any person or organization, or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
We have the right to determine whether your User Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account with or without prior notice.
The Application and Website do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Application and/or Website or with other Users.

Proprietary Rights in User Content

Subject to this Agreement, you can post your own Content on the Application and/or Website. You retain all ownership rights in your User Content, but you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Application and Website and otherwise disclose to third parties any such Content for any reason.
In addition to the above, you give us permission to show your username, profile picture, and information about your interactions with the Application and Website, such as likes, comments, follows, check-ins, or questions, next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Application and Website or in connection with Pawsync products and Services. You grant the foregoing rights without any compensation to you.
If you use, post, or repost content, such as images, videos, or articles, covered by our intellectual property rights, we retain all rights to our content, but not to yours.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Application and Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Application and/or Website nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Application and Website. Under no circumstances are we responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Application and/or Website, or transmitted to users.
From time to time, we may share certain information on or through the Application and Website. You agree that this information is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application and/or Website, or by anyone who may be informed of any of its contents.
Company’s Services may include events, promotions, contests, sweepstakes, and other similar campaigns (collectively as “Events”). In addition to these Terms of Use, by participating in Company-hosted Events, you affirm that you have read the applicable Event terms and official rules, which are incorporated herein by reference.
Company’s Services may include recipes for food and meals. Please be aware that certain recipes may contain allergens such as nuts, dairy, gluten, or soy. If you have food allergies or sensitivities, exercise caution, and double-check any ingredient labels for potential allergens. If you are following a specific diet, such as vegetarian, vegan, keto, or gluten-free, make appropriate substitutions as needed. If nutritional information is provided, it is an estimate only and may not be completely accurate. Consult a healthcare professional or registered dietitian for dietary guidance. Always follow food safety guidelines when handling raw ingredients, including meats, poultry, and seafood. Ensure proper cooking temperatures to prevent foodborne illness. Always prioritize safety when working in the kitchen. Use caution when handling sharp objects, hot surfaces, and kitchen equipment. Cooking is done at your own risk. Company is not responsible for any accidents, injuries, or damage that may occur during or in connection with the cooking process or any results.
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application and/or Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application and/or Website.
Terminate or suspend your access to all or part of the Application and/or Website for any or no reason, including without limitation, any violation of these Terms of Use
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application and/or Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Application and/or Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. If you become aware of a misuse of our Application and/or Website or violation of these Terms of Use, please contact us at support@Pawsync.com.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy, which is incorporated herein by reference, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Transactions with Sellers

Company and parties other than Company (each a “Seller” and collectively as “Sellers”) sell products through the Application and/or Website ("Marketplace Service"). If you make a purchase using the Application and/or Website and the Marketplace Services, you agree that the actual contract for sale is directly between you and the Seller and:

You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by the Seller or the Seller will not be obligated to sell the products or services to you. Seller may choose not to accept orders at Seller’s sole discretion, even after Seller send you a confirmation email with your order number and details of the items you have ordered.
For those items offered by Pawsync, we attempt to be as accurate as possible. However, we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Pawsync itself is not as described, you agree that your sole remedy is to return it in unused condition.
You acknowledge and agree that Pawsync has no control over and does not warrant, does not guarantee, and assumes no responsibility or liability for (1) the conduct of any other Seller except Pawsync; (2) the availability, quality, safety, or legality of items provided by other Sellers; (3) the truth or accuracy of other Sellers' content or listings; (4) the ability of other Sellers to sell items; and/or (5) that a Seller can and will actually complete a transaction or, if requested, provide a refund.
The availability of products or services through our Application and/or Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. However, the products and services offered on our Application and Website are covered by the manufacturer's warranty as detailed in the product's description on our Application and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE AND/OR APPLICATION ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

Prices posted on this Application and/or the Website may be different than prices offered by our affiliates and retail partners. All prices, discounts, and promotions posted on the Application and/or the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Application and/or the Website that may affect pricing and that may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment listed on pages may be changed from time to time within our sole discretion and without notice. Unless we agree otherwise in writing, we must receive payment before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Application and/or the Website at the time of your order.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

Except for any products designated on the Application and/or the Website as final sale or non-returnable, or products not purchased directly from us, we will accept a return of the products for a refund of your purchase price to its original form of payment, provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition, subject to our Return Policy . For information on our return policy, please see Return Policy, which is incorporated herein by reference.

For defective returns, please refer to the manufacturer's warranty (see Section 16 and Section 24) included with the product or as detailed in the product's description on our Application and/or the Website.

Compatibility

You acknowledge that you have verified the compatibility of the products you are purchasing with other equipment in your home (e.g., ensuring that your heating, ventilation and air conditioning system is compatible with the Levoit Aura™ Thermostat). 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 30-day refund policy described below.

Pre-Orders

Products available for pre-order are not offered for sale by Pawsync. Your placement of a pre-order does not create a contract for sale. By placing a pre-order for a product that is not yet available for sale, you make an offer and pre-payment to Pawsync to purchase the product subject to these Terms. You may cancel your offer to purchase products at any time prior to shipment and Pawsync will refund your purchase price without any interests. When the product is offered for sale, Pawsync may, in its sole discretion, accept your offer to purchase products subject to these Terms. Pawsync may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the products requested. Pawsync 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. For auto-renewal subscription, please see Auto-Renewal Subscription Agreement.

Installation

Pawsync is not responsible for any injury or damage caused by self-installation. If you choose to have a third party installer perform the installation of a product, Pawsync is not responsible for any conduct of or liability associated with installation by third party installers. There may be laws in the jurisdiction where you install a particular product applicable to where and how to install that product.

Warranty Policy

The availability of products or services through our Application and/or the Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. The products offered on the Application and/or the Website are covered by the corresponding Limited Warranty Policy .

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Application and/or Website for your own personal or household use only, and not for resale or export. You may not resell any of these products, whether in bulk, on any online marketplaces, to B2B accounts, wholesalers, or freight forwarders/drop-shippers, or otherwise. You may not market, resell, distribute, or use products or Services other than as expressly permitted in this Agreement. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Third-Party Materials

The Application and/or Website display, include, and make available content from Sellers and other third parties (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY MATERIALS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. YOU ACCESS AND USE THIRD PARTY MATERIALS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES' TERMS AND CONDITIONS.

Third Party Products. Powered by Pawsync Products (“Powered by Pawsync Products” means any product or application that enables access to the Application, such as Pawsync’s smart devices) and Auxiliary Products (“Auxiliary Product” means any product you can interact with or operate using a Powered by Pawsync Product, including Pawsync’s smart devices) include third party products that Pawsync does not manufacture or develop. Pawsync may automatically update the firmware for certain Auxiliary Products on behalf of the applicable manufacturer. Pawsync has no responsibility or liability for such third-party products or manufacturer-provided firmware.
Third Party Services. If you use a Third Party Service ("Third Party Service" means any service or application provided by a third party that we make available to you for use on or through the Application and/or Website), we may exchange related information with that service, such as information related to your Auxiliary Products, or the content of your requests. Your use of any Third Party Service is subject to this Agreement and any third party terms applicable to such Third Party Service. Certain of these third party terms can be found in the Legal Notices section of the Application and/or Website, or may be linked from the Application and/or Website, and may be updated from time to time. If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service. Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service. When using a Third Party Service, you are responsible for any information you provide to the third party. Pawsync has no responsibility or liability for Third Party Services.

Updates

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

the Application and/or Website will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates, and you acknowledge and agree that the Application and/or Website or portions thereof may not properly operate should you fail to do so. During these Updates, the Application and/or Website and/or your connected devices or their certain functionalities may become temporarily unavailable. You further agree that all Updates are deemed part of the Application and/or Website and are subject to all terms and conditions of this Agreement.

Term and Termination

The term of Agreement commences when you download the Application and/or visit the Website and will continue in effect until terminated by you or Company as set forth in this Section.
You may terminate this Agreement by deleting the account on the Application and/or Website and all copies thereof from your Device.
Company may terminate this Agreement at any time without notice without cause for any reason whatsoever. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:
i. all rights granted to you under this Agreement will also terminate; and
ii. you must cease all use of the Application and Website and delete all copies of the Application and Website from your Device.
Termination does not limit any of Company's rights or remedies at law or in equity. Termination does not affect any transaction you entered into with any Seller prior to the effective date of termination.

Disclaimer of Warranties

THE APPLICATION AND WEBSITE AND SERVICE ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION,WEBSITE, OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION, WEBSITE, OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE APPLICATION, WEBSITE AND/OR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, WEBSITE, OR SERVICES, ANY WEBSITES OR APPLICATIONS LINKED TO ANY OF THEM, ANY CONTENT ON THE APPLICATION OR WEBSITE, OR ANY OTHER INTERACTIONS WITH ANY OTHER USERS OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OR DAMAGES TO PROPERTY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTIONS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, COMPANY OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

If you have a dispute with one or more users, a Seller, or a third-party that you interacted with through the Application and/or Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident using the Application and Website, you specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND THE COMPANY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates, and its and their directors, shareholders, managers, officers, employees, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, Website, or the Services, including, but not limited to, your User Content, any use of the Application or Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application or Website or Interactive Service.

Privacy

You acknowledge that when you download, install, and use the Application or visit the Website, or make a purchase from a Seller through the Application, Website, or Services, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application or Website. All information we collect through or in connection with the Application and/or Website or the Service is subject to our Privacy Policy, which is incorporated by reference herein. By downloading, installing, using, and providing information to or through the Application and/or Website or by using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Force Majeure

We are not liable or responsible, nor shall we be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, hurricane, tsunami, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or Internet or telecommunication breakdowns or power outages.

Dispute Resolution and Agreement to Arbitrate

THIS SECTION IS AN “AGREEMENT TO ARBITRATE.” ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Claims”) WITH PAWSYNC ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, ANY USE OF THE APPLICATION,WEBSITE OR SERVICE, ANY PURCHASE, RETURN, OR REFUND TRANSACTION, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS.

Nothing in this Agreement shall be construed to preclude a party from bringing an individual action in small claims court or from seeking injunctive relief, damages, or other relief based on an infringement of a party’s intellectual property rights.

To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury. Each party further agrees that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Prior to either party initiating an arbitration proceeding, the parties shall engage in good faith negotiations to resolve a Claim. During such negotiations, the party seeking arbitration must provide written notice to the other party of the Claim. Such written notice must contain a detailed description of the nature and basis of the Claim and a calculation of the specific relief sought. If the parties cannot resolve negotiations within sixty (60) days of receipt of such notice, either party may initiate arbitration proceedings.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 34. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. The parties are responsible for their own attorney’s fees and costs in arbitration, unless the arbitrator determines that your Claim or proceeding is frivolous or brought for an improper purpose or in bad faith.

The location of the arbitration and the parties’ right to a hearing will be determined in accordance with the AAA Rules.

You are entitled to opt out of the terms of this Agreement to Arbitrate in this Section 34 or any amendments to it by sending written notice to support@pawsync.com within thirty days after first downloading a copy of the Application or visiting the Website. Opting out of an amended version of this Agreement to Arbitrate does not affect your Agreement to Arbitrate disputes under this Section 34 before the date we receive your opt out notice. You must provide your name, email address, postal address, and any registered username. Opting out of the Agreement to Arbitrate in this Section 34 shall not affect any other section of this Agreement.

If any provision of this Section 34 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Limitation on Time to File Claim

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

Assignment

You may not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.

No Third Party Beneficiaries

This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.

User Consent To Receive Communications In Electronic Form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Application, Website or the Service and special offers, and you may opt out of such email by changing your account settings or using the “Unsubscribe” link in the message. Opting out may prevent you from receiving messages regarding the Application, Website, the Service or special offers.

Notices

To You. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide; (ii) sending letter to the address you provide; (iii) phone calls and/or (iv) by posting to the Application and/or Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under this Agreement, you must contact us as follows: (i) by email to us at notice@pawsync.com; and (ii) by personal delivery, overnight courier or registered or certified mail to Postal Address: 1202 North Miller Street, Suite A, Anaheim, CA 92806 US. We may update the email or address for notices to us by posting a notice on the Application and/or Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

California users are entitled to the following consumer rights notice under California Civil Code Section 1789.3: If you have a question or complaint regarding the Website or Application, please email notice@pawsync.com. You may also contact the Company by writing to Pawsync Customer Services, 1202 North Miller Street, Suite A, Anaheim, CA 92806 US or by calling us at (800) 591-3869. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Orange County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

This Agreement constitutes the entire agreement between you and Company with respect to the Application, Website, Services, and purchase transactions made using the Application and Website and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application, Website, Services, or any purchase transactions with a Seller.

Waiver

No failure to exercise, and no delay in exercising, by Company, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Precedence Over Other Documents

reement and any applicable purchase order, sales acknowledgment, confirmation, or any other document issued by either party in connection with the purchase or sale of products or services using the Application and/or Website, the terms of this Agreement shall govern. The foregoing sentence does not affect any terms of the applicable Seller.

Your Comments and Concerns

This Application and Website are operated by Arovast Corporation and its affiliates, located at 1202 N. Miller Street, Suite A, California 92806.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Application and Website should be directed to: Support@Pawsync.com or the Help Center within the Application and/or Website.