Terms & Conditions

AVID IDENTIFICATION SYSTEMS, INC. ("AVID", "WE" OR "US") Internet web site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND AVID AND GOVERN YOUR ACCESS TO, AND USE OF, THE AVID WEBSITE LOCATED AT WWW.AVIDID.COM TOGETHER WITH THE SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. AVID MAY MAKE CHANGES TO THE CONTENT, PRODUCTS AND SERVICES OFFERED ON THIS SITE AT ANY TIME. AVID CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND AVID MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

AVID provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") are provided to you by AVID and are the copyrighted and/or trademarked work of AVID or AVID’s contributors.

AVID grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services, this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Purchases

You agree to pay all fees or charges to your account based on AVID’s fees, charges, and billing terms in effect as shown on the payment page. You are responsible for paying any taxes that may apply. If you do not pay on time or if AVID cannot charge your credit card or other payment method for any reason, AVID reserves the right to either suspend or terminate your account and terminate these Terms and/or not process your order. You are expressly agreeing that AVID is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and/or purchase of products and services on this Site and the fees will be billed to your credit card or other payment method designated by you and if the fees are for a subscription or other recurring service, thereafter at regular intervals for the remainder of the term of these Terms.

Correction of Errors and Inaccuracies

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from this Site pass to the purchaser upon our delivery to the carrier.

Privacy Policy

Your use of this Site is governed by the AVID Privacy Policy, which is available here.

Third Party Content

Certain information and other content may be provide by third party licensors and suppliers to AVID ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. AVID DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not AVID sites. AVID is providing these links to you only as a convenience, and AVID is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities

The unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold AVID and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) AVID or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site (or the use of this Site by any person using your user name and/or password) has violated any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights

AVID, FriendChip, PETtrac, Premium PETtrac Service, Avid Pet Insurance, MiniTrackers, PowerTrackers, are trademarks of AVID in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of AVID, Copyright © 2007-2012 AVID. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Notification: By e-mail: webmaster@AvidID.com

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by AVID, and they may include inaccuracies or typographical or other errors. AVID does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. AVID has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by AVID or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site.

AVID, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES OR THE PRODUCTS OFFERED ON THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND, THE THIRD PARTY CONTENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE PRODUCTS, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AVID DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

ANY HEALTH-RELATED INFORMATION SUPPLIED THROUGH THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND IT IS IMPORTANT THAT YOU NOT MAKE MEDICAL DECISIONS WITHOUT FIRST CONSULTING A LICENSED VETERINARIAN. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU HAVE A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL TREATMENT FOR YOUR PET, PLEASE CONSULT AN ANIMAL HOSPITAL OR EMERGENCY VETERINARY FACILITY.

Limitation of Liability

AVID SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL AVID BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF AVID KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

CERTAIN STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Local Laws; Export Control

AVID controls and operates this Site from its headquarters in the United States of America and the Materials, and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, AVID may terminate and/or suspend your access to this Site without notice. AVID prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by AVID, may result in immediate termination of your access to this Site. AVID has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. AVID’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and AVID and supersede all prior or contemporaneous negotiations, discussions or agreements between you and AVID about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.