Terms & Conditions
Defend My Phone Terms & Conditions
Applicable to any purchase of services through the DefendMyPhone.com website or from a retail distributor.
For Warranty Terms & Conditions
Contents
Clause
1. What is Defend My Phone?
2. What are these Terms and Conditions?
3. Definitions
4. Acceptance of Terms and Conditions
5. Signing-up for the Services
6. Defend My Phone Liability
7. Your conduct
8. Our rights
9. Promotions and promotional codes
10. Intellectual Property
11. Security
12. Electronic Communications
13. Privacy
14. Indemnity
15. Disputes
16. Termination
17. General
1. What is Defend My Phone and DefendMyPhone.com?
Defend My Phone distributes Liquid Glass Ceramic Coating to protect the screens of your devices.
2. What are these Terms and Conditions?
These Terms and Conditions set out the terms on which Defend My Phone provides its Services to You and on which You agree to use the Services. Capitalized terms used in these Terms and Conditions have the meanings given in the “Definitions” section below. You should review these Terms and Conditions carefully and make sure that You understand them before using the DefendMyPhone.com website and signing up for the Services. If You do not agree to these Terms and Conditions, You may not subscribe for, or use, the Services or the website.
3. Definitions
“Defend My Phone” is owned by DefendMyPhone, LLC. DefendMyPhone LLC 16150 Main Circle Dr, Suite 410, Chesterfield, MO 63017
or by sending an email to info@defendmyphone.com. Email delivery is not always reliable, and You should not assume an email was received unless You receive an acknowledgement. If you cannot contact Defend My Phone by email, you can send a certified letter to Defend My Phone at the above address.
“Registered User” means a user who has subscribed for the Services. Registered Users agree to these Terms and Conditions by making a purchase through this website or a 3rd party provider or using the Website.
“Services” means all the services provided by Defend My Phone as set out in these Terms and Conditions.
“Terms and Conditions” means these terms.
“Your” and “You” means a user of the Website or a person reading these Terms and Conditions who is considering becoming a Registered User, or a user of the Website.
“Website” means the website on which these Terms and Conditions are displayed.
4. Acceptance of Terms and Conditions
4.1 You may agree to be bound by these Terms of Conditions by becoming a Registered User (by purchase), by using the Website. These Terms and Conditions are a binding legal agreement. If you do not accept and agree to be bound by these Terms and Conditions, you must not subscribe to the Services or use the Website.
4.2 Defend My Phone, may modify these Terms and Conditions from time to time. If You are a Registered User, Defend My Phone will notify You of any changes to these Terms and Conditions by emailing You at the email address entered by You when subscribing for the Services. If You are not a Registered User, you should monitor the Website to determine if these Terms and Conditions have changed. These Terms and Conditions include an effective date below. If that date changes, it means that a new revision of these Terms and Conditions has gone into effect. By continuing to use the, Website, the Services after changes to these Terms and Conditions are made, You agree to be bound by such changes.
4.3 You can review the most current version of our Terms and Conditions at any time by clicking on the link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
5. Signing-up for the Services
5.1 When you sign-up for the Services in the manner set out in this paragraph, you become a Registered User.
5.2 To subscribe, You must complete a purchase of a Defend My Phone pack. Amongst other standard sign-up information, the registration form requires You to provide your email address. This is so that Defend My Phone can allow you to manage your account. Other information collected during the sign-up process may or may not include payment information and any applicable promotional offers or discount codes that are available to You. Promotions and discounts are offered at Defend My Phone’s sole discretion, can be cancelled at any time, and may have other terms or conditions that must be satisfied by You before they can be used.
5.3 Once You have registered for the Services, You will receive an email confirmation of Your order. You must apply the liquid glass by following the instructions included in your pack. Failure to do so will invalidate the effectiveness of your protection and liquid glass’s ability to fortify your glass.
6. Defend My Phone Liability
6.1 DEFEND MY PHONE PROVIDES THE SERVICES AND THE WEBSITE "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. DEFEND MY PHONE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
6.2 Defend My Phone assumes no liability or responsibility for:
(a) any errors or omissions in the Website;
(b) any failures, delays or interruptions of the Services or the Website; or
(c) any losses or damages arising from the use of the Services or the Website.
6.3 Defend My Phone reserves the right to provide the Website and the Services in its sole and absolute discretion, save that Defend My Phone will use commercially reasonable efforts to avoid cessation or interruption of the Website or the Services during the term of any subscription for the Services except as required by law or as deemed reasonably necessary by Defend My Phone in its sole discretion to mitigate liability or damages.
6.4 In no event shall Defend My Phone its shareholders, directors, officers, employees, agents, partners or affiliates be liable (jointly or severally) to You or any third party for loss of use or any special, incidental, indirect or consequential damages whatsoever arising out of or in connection with these Terms and Conditions, the Website or the Services or any failure or delay in delivery of any product or service, on any theory of liability, and whether or not advised of the possibility of damage.
6.5 Purchasing a Defend My Phone pack does not mean that Your devices will not be lost, damaged or stolen or that (if they are lost, or stolen) they will be returned to You. In the event that Your devices are not returned to You, You will not be entitled to a refund or to any reimbursement or compensation. Liquid glass will fortify the screen of your device but Defend My Phone does not guarantee that your device will not crack under extreme pressure or duress.
6.6 Defend My Phone is neither responsible nor liable for the behavior of its users. Defend My Phone shall not be liable in the event that any user harasses, offends or acts in an unlawful or unpleasant manner towards You (whether or not You have followed the guidance herein).
6.7 Certain jurisdictions do not permit certain limitations of liability or damages, so some of the limitations in these Terms and Conditions may not apply to You. In particular, Defend My Phone does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Defend My Phone. But Defend My Phone do otherwise seek to otherwise limit its liability, and that of its owners, officers, employees and affiliates, to the maximum extent permitted under applicable law.
6.8 If any applicable authority holds any portion of these Terms and Conditions to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
6.9 From time to time You may use or access services, promotions and websites of third parties through links displayed on the Website. Defend My Phone does not operate and is not responsible for any such third-party websites or services (including payment services) and You use them at your own risk. You also agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
7. Your Conduct
7.1 In using the Website and the Services, You agree and undertake to:
(a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password;
(b) comply with these Terms and Conditions at all times;
(c) not use or attempt to use the Website, the Service or any equipment or software of Defend My Phone or its service providers to send unsolicited email communications;
(d) comply with all applicable laws at all times in connection with your use of the Website and the Services; and
(e) act at all times in a courteous and polite manner with other users.
7.2 You further agree not to:
(a) interfere with the servers or networks connected to the Website or used to provide the Services or to violate any of the procedures, policies or regulations of networks connected to the Website or used to provide the Services, including without limitation these Terms and Conditions;
(b) upload, post, e-mail or otherwise send or transmit any obscene or pornographic material or any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy, monitor or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website or the Services or any users thereof;
(c) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or the Services to any third party, or jeopardize the correct functioning of the Website or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website or the Services;
(d) attempt to gain access to secured portions of the Website or the Services to which You do not possess access rights;
(e) impersonate any other person while using the Website or the Services;
(f) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or the Services;
(g) resell or export the software associated with the Website or the Services;
(h) use the Website or the Services or any hardware or software used to provide the Website or the Services to generate unsolicited advertisements or spam; or
(i) use any automatic or manual process to search or harvest information from the Website or the Services, or to interfere in any way with the proper functioning of the Website or the Services.
8. Our Rights
In providing You with access to the Website and in providing the Services, Defend My Phone reserves the following rights, and in accessing, browsing or otherwise using the Website and/or registering for the Services You grant to Defend My Phone and agree that it shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website and the Services and to cancel Your registration in accordance with any applicable laws at any time (with or without notice) if in Defend My Phone’s sole and absolute discretion You violate or breach any of these Terms and Conditions or attempt to perform, or perform, any illegal act with, through or in connection with Your use of the Website or the Services;
(b) the right to amend or update the Services, the Website, prices of its services, billing methods or these Terms and Conditions from time to time;
(c) the right to report You or any other person to the police or other judicial body if Defend My Phone believes in its sole and absolute discretion that Your conduct (or that of any other person) whether in using the Website, subscribing for the Services or otherwise is or may be unlawful.
9. Promotions and Promotional Codes
9.1 Defend My Phone may from time to time offer promotions, discounts and free services.
9.2 In such circumstances, You will be required to become a Registered User in accordance with these Terms and Conditions and will be asked to enter either:
(a) a number or code container a promotional code that will instruct the Website to automatically apply the appropriate offer or discount to Your account; or
(b) a unique printed promotional code which will instruct the Website to automatically apply the appropriate offer or discount to Your account.
10. Intellectual Property
10.1 Defend My Phone and/or its suppliers and licensor(s) are the owners of the Website and the technology utilized to provide the Services, and all related intellectual property, which includes any software, domains, and content made available through the Website.
10.2 The Defend My Phone brand (including all registered and unregistered trademarks and services marks utilized by Defend My Phone and the Website are protected by U.S., UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website, or use any trademark or service mark of Defend My Phone, without Defend My Phone's prior express written consent.
10.3 Notwithstanding the foregoing, You may communicate links to the Website and tweet or otherwise communicate information relating to Your use of the Services using social media unless and until Defend My Phone requests that you cease doing so.
10.4 Any unauthorized use of the Website or the Services will result in the immediate and automatic termination of any consent to use or link to the Website or the Services or use any intellectual property of Defend My Phone or its licensors in any manner. Defend My Phone reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
10.5 Defend My Phone and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Defend My Phone. They may not be used without the latter’s prior express written permission.
10.6 All other trademarks not owned by Defend My Phone that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the companies.
11. Security
11.1 Whilst Defend My Phone has used commercially reasonable efforts to implement reasonable technical and organizational measures to secure Your personal information from unauthorized access or use, it cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk and that You will cooperate with Defend My Phone in the event of any breach of such measures.
11.2 When You register for the Services on DefendMyPhone.com, You do not need to provide Your bank account and card details to Defend My Phone as the service is entirely included as part of your Defend My Phone product purchase. These details are not held by Defend My Phone and are provided through a secure 3rd party payment processor.
12. Electronic Communications
By downloading and/or using the Website and/or subscribing for the Services, You consent to receiving electronic communications and notices from Defend My Phone. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. Privacy
13.1 You provide us with information when You subscribe for the Services. Defend My Phone endeavors to collect only the minimum information required for Defend My Phone to provide the Services and to effectively communication with its Registered Users.
13.2 In addition to the information Defend My Phone collects when You subscribe for the Services, Defend My Phone also collects information relating to Your usage and purchase history, Your activities and Your use of the Website.
13.3 Any information that You submit or that Defend My Phone collects when You are using the Website or otherwise in relation to Your use of the Services, is subject to the Defend My Phone Privacy Policy which can be found at http://www.defendmyphone.com/privacy-policy.html
.
13.4 Defend My Phone is not intended to be used by any person under 18 years of age. By registering for the Services, You warrant and represent that you are an adult and are legally permitted and capable of agreeing to these Terms and Conditions.
14. Indemnity
You agree to indemnify and hold Defend My Phone and its related companies, and each of their respective shareholders, directors, officers, employees, affiliates, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party. To the extent this Paragraph 23 is inconsistent in any way with any other provision of these Terms and Conditions, this Paragraph 23 and such other provision will be interpreted together to provide the maximum protection to Defend My Phone permitted under applicable law.
15. Disputes
15.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Defend My Phone’s advertising or any related transaction between You and Defend My Phone shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.
15.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach thereof will be finally resolved by arbitration exclusively (i) administered by the International Center for Dispute Resolution (the “ICDR”) and (ii) under the Commercial Arbitration Rules of the ICDR, (the “ICDR Rules”). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one unless the parties to a particular dispute subsequently agree in writing that three arbitrators shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICDR Rules and this Agreement. If the parties mutually agree to appoint three arbitrators, then each party shall nominate an arbitrator and the two arbitrators nominated by the parties to the arbitration in accordance with the ICDR Rules shall agree on a third neutral arbitrator, who shall serve as chairman of the arbitral tribunal. If the arbitrators fail to agree on a third arbitrator within fifteen (15) business days, the third arbitrator shall be appointed by the ICDR. The place of arbitration shall be Miami, Florida USA. The arbitration proceedings shall be conducted in English. Any award of the arbitral tribunal shall be final and binding on the parties to the arbitration and judgment thereon may be entered in any court of competent jurisdiction, and application may be made to any court of competent jurisdiction for injunctive or other relief in aid of such arbitration and for judicial recognition of the award and an order of enforcement. The Parties hereby waive any right to appeal from any award to the extent allowed by applicable law and agree that UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is applicable to the enforcement of any award. The parties further waive, to the extent permitted under applicable law, any right that they may have under any law applicable to this agreement or any party hereto to object to arbitration hereunder on the basis that such an agreement was not entered into after a dispute had arisen. The parties further agree that arbitration under this paragraph shall be the exclusive method for resolving the disputes covered hereby, and no party to these Terms and Conditions will commence any action or proceeding in any court with respect to any such dispute except (i) to enforce this paragraph; (ii) to obtain provisional judicial assistance in aid of arbitration under this paragraph; (iii) to obtain injunctive relief (either permanent or temporary) in aid of any of the provisions of this agreement; or (iv) to enforce an arbitral award made in accordance with this paragraph. Except as may be required by law, neither a party nor any arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties
16. Termination
16.1 Defend My Phone may change or discontinue the availability of the Website and/or the Services at any time with a 180 day-notice to its Registered Users.
16.2 Defend My Phone reserves the right to terminate these Terms and Conditions, without prior notice, in the event that You violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against You) or violate any law in connection with Your use of the Website or the Services. In the event of any termination, You will immediately cease use of the Website and Your Services will immediately terminate.
17. General
17.1 These Terms and Conditions are agreed between You, and Defend My Phone. No person shall have any rights under or connection with these Terms and Conditions, including under the Contracts (Rights of Third Parties) Act 1999 or any similar law or regulation in any applicable jurisdiction, to the maximum extent permitted by any applicable law.
17.2 If any arbitrator, arbitration panel, tribunal or court or competent authority decides that any term of these Terms and Conditions invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. To the extent permitted by applicable law, the parties agree that such arbitrator, arbitration panel, tribunal or court may revise such severed term to comply with the intent of the parties under this agreement and may enforce such term as revised.
17.3 Defend My Phone reserves the right to charge interest on any late payments at the rate of 7% per annum above Libor or the maximum rate permitted by applicable law, whichever is less. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
17.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
17.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
17.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
17.7 These Terms and Conditions set forth the entire understanding and agreement between You and Defend My Phone with respect to the subject matter hereof.
Petfetch Terms and Conditions
Applicable to purchase of subscription through the PetfetchID website or through partners.
Contents
Clause
1. What is Petfetch?
2. What are these Terms and Conditions?
3. Definitions
4. Acceptance of Terms and Conditions
5. Registering for the Services
6. Pricing and payment terms
7. What happens if Your pet goes missing?
8. Tips on collecting Your pets
9. Disputes with Finders
10. Lost Pets
11. Changing Your email address and/or telephone number
12. PetfetchID Liability
13. Your conduct
14. Our rights
15. Intellectual Property
16. Security
17. Electronic Communications
18. Privacy
19. Indemnity
20. Disputes
21. Termination
22. General
1. What is Petfetch?
Petfetch is a lost pet retrieval service that helps a Registered User who has a missing pet interact with a Finder of their pet through an anonymous web portal or online pet profile on PetfetchID.com.
2. What are these Terms and Conditions?
These Terms and Conditions set out the terms on which Petfetch provides its Services to You and on which You agree to use the Services. Capitalized terms used in these Terms and Conditions have the meanings given in the “Definitions” section below. You should review these Terms and Conditions carefully and make sure that You understand them before using the PetfetchID website, signing up for the Services, or purchasing a PetfetchID tag. If You do not agree to these Terms and Conditions, You may not subscribe for, or use, the Services or the website..
3. Definitions
“Finder” means the person who finds a missing pet of a Registered Users and communicates with that Registered User through the Website. Both Registered Users and Finders must agree to these Terms and Conditions prior to using the Services or the Website.
“Keyfetch” means Keyfetch, LLC and is the parent company of Petfetch. Keyfetch may be contacted at P.O. Box 431289, Miami, FL 33243, USA or by sending an email to contact@keyfetch.com. Email delivery is not always reliable and You should not assume an email was received unless You receive an acknowledgement. If you cannot contact Keyfetch by email, you can send a certified letter to Keyfetch at the above address.
“Nominated User” means the person designated as such in accordance with paragraph 5.5 who is responsible for payment of the subscription, tags or the Services.
“Registered User” means a user who has registered for the Services. Registered Users agree to these Terms and Conditions by subscribing for the Services, buying PetfetchID tags, or using the Website.
“Services” means all the services provided by Petfetch as set out in these Terms and Conditions.
“Terms and Conditions” means these terms.
“Your” and “You” means a user of the Website or a person reading these Terms and Conditions who is considering becoming a Registered User, a Finder or a user of the Website.
“Website” means the website on which these Terms and Conditions are displayed.
4. Acceptance of Terms and Conditions
4.1 You may agree to be bound by these Terms of Conditions by becoming a Registered User (purchasing a PetfetchID tag, or by using the Website as a Finder or otherwise). These Terms and Conditions are a binding legal agreement. If you do not accept and agree to be bound by these Terms and Conditions., you must not subscribe to the Services or use the Website.
4.2 Keyfetch acting on behalf of Petfetch may modify these Terms and Conditions from time to time. If You are a Registered User, Keyfetch will notify You of any changes to these Terms and Conditions by emailing You at the email address entered by You when registered for the Services. If You are not a Registered User, you should monitor the Website to determine if these Terms and Conditions have changed. These Terms and Conditions include an effective date below. If that date changes, it means that a new revision of these Terms and Conditions has gone into effect. By continuing to use the, Website, the Services and pet tags after changes to these Terms and Conditions are made, You agree to be bound by such changes.
4.3 You can review the most current version of our Terms and Conditions at any time by clicking on the link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
5. Registering for the Services
5.1 When you register for the Services in the manner set out in this paragraph, you become a Registered User.
5.2 Petfetch offers one type of subscription: "Lifetime Service" with the purchase of a PetfetchID tag. The Plan allows use by multiple Registered Users.
5.3 To register, You must have purchased or received a PetfetchID tag. With the pet tag's unique ID number you must complete the registration form here: www.warranty.defendmyphone.com. Amongst other standard sign-up information, the registration form requires You to provide your email address and password. This is so that Petfetch can notify you in the event that your pets are found. Your pet tag must be registered to activate the Petfetch loss retrieval service. Promotions and discounts are offered at PetfetchID’s sole discretion, can be cancelled at any time, and may have other terms or conditions that must be satisfied by You before they can be used.
5.6 Once You have registered for the Services, and payment has been received in respect of Your PetfetchID tag, You will receive an email confirmation of Your subscription. Each Registered User has a PetfetchID tag on which they will find a unique ID number. A Petfetch pack consists of one PetfetchID pet tag for one pet. You must put the tag with the number that corresponds to the relevant Registered User onto that pet's collar. If you do not tag a pet with the correct ID number and register for the service, there will be no way for a Finder to contact Petfetch and you if your pet is found.
6. Price
6.1 The costs of each PetfetchID pet tag are detailed at PetfetchID.com and their partners. Petfetch and their partners reserve the right to change the prices of any PetfetchID tag at any time and for any reason. Any change in price will not affect any existing customers or plans but will apply to any new registered purchase after the change goes into effect.
6.2 You may cancel Your registered PetfetchID pet tag at any time by sending a written cancellation notice to Keyfetch at the address shown in Paragraph 3.
6.3 Keyfetch & partners may, from time to time, have agreements with third parties that permit those third parties to sell PetfetchID pet tags to Registered Users. In the event that you purchase a PetfetchID tag from a third party, the third party will collect the fees from You, or will pay them on Your behalf. Should you receive Your pet tag from a third party, any and all payment issues and refund requests must be addressed by that third party. Keyfech has no liability for any amounts collected by, or paid by, its partners and resellers.
7. What happens if You lose a pet?
7.1 Your PetfetchID tag, depending on which pet is missing, contains instructions to a Finder. The Finder may go to the Website and enter the unique ID code shown on the tag attached to Your pet. Once that is done, the Website will generate an automatic email notifying You that your pet has been located. The Finder does not receive Your email address or any information about You unless you choose to share this information in your Petfetch pet profile.
7.2 The Finder enters his email address into the Website and is automatically connected to an anonymous messaging system through which he can send You an anonymous message. The Website sends You a message containing a link to an anonymous private chat room in which you can view the Finder’s message. You can then use this messaging system to self-arrange a suitable time and place to collect Your missing pet. If you create a PetfetchID profile with more personal details upon entering your pet's unique ID number the finder will be able to contact you via any contact method you have chosen to list.
7.3 The chat room is recorded and monitored to provide You with protection and security in case of a dispute. Keyfetch have a zero-tolerance policy towards abusive or unethical behavior. Keyfetch reserves the right to cancel any subscription in the event Keyfetch determines, in its sole discretion that the Services are being abused or that any Registered User is violating the acceptable use policy, which may be updated from time to time in Keyfetch’s sole discretion.
7.4 Petfetch will not disclose Your contact details or any other information about You to a Finder. You are under no obligation to disclose any information to a Finder unless you choose to do so. Please read paragraph 9 which provides guidance on do's and don’ts when arranging to collect Your pet.
8. Tips on collecting Your lost Pets
8.1 Please remember that You will probably be collecting Your pet from a complete stranger. For tips and ideas on how to collect your pet safely and anonymously, see Petfetch's retreival tips.
8.2 Also please note that You have no obligation to make any payment to a Finder. By using the Website, a Finder is agreeing to these Terms and Conditions. If You are a Finder, then as an express condition of these Terms and Conditions, You agree not to require or request payment in return for returning a missing pet to a Registered User. If any Finder does make such a request, please feel free to report them to contact@PetfetchID.com. Keyfetch are not obligated to, and will not, reimburse You for any amount demanded by, or paid to, a Finder.
8.4 As a Registered User or a Finder using the Services or the Website, You agree to use the Services and the Website responsibly and are solely liable and responsible for all information your provide to, or receive through, the Service or the Website.
8.5 When arranging to meet another person using the Services or the Website, you MUST take appropriate precautions and must review the safety tips available at PetfetchID.com. Any and all such meetings are at Your own risk and are not the responsibility of the Petfetch parent company Keyfetch or any owner, officer, employee or affiliate of Keyfetch. You agree to indemnify Keyfetch and its owners, employees, and affiliates against any threatened or actual claims that arise as a result of any communication or meeting facilitated by or through the use of the Services or the Website.
8.6 For the avoidance of doubt, neither Keyfetch nor its owners, officers, employees nor affiliates will be liable or responsible for any crime committed by or against you by any third party, or any identity theft resulting from a lost pet or use of the Services, or any harassment or abusive communication by a Finder or Registered User against or to another Registered User or Finder.
8.7 You agree to indemnify Keyfetch and its owners, employees, and affiliates against any threatened or actual claims that arise as a result of (i) a breach by You of these Terms and Conditions, (ii) your use of the Services or the Website, including, without limitation, any actual or threatened claims of infringement, fraud, defamation, online abuses, or harassment, (iii) your negligence in any communication or meeting facilitated by or through the Website or the Services, (iv) any crime committed by You or against You by any third party that is any way connected with Your use of the Services or the Website, or (v) any failure to recover a missing pet.
9. Disputes with Finders
9.1 Please report any dispute with a Registered User or a Finder to contact@PetfetchID.com immediately. In particular, please report any Finder who requests money or some other form of payment in exchange for returning Your pet. Remember that all communication with Finders are recorded for the purpose of avoiding and/or resolving any disputes.
9.2 While Keyfetch ask that You report disputes, Keyfetch does not promise that it will be able to resolve any dispute or will try to do so. In the event Keyfetch investigates or take any action to resolve any disputes, there is no guarantee or promise Keyfetch will be able to find an acceptable resolution. Keyfetch reserves the right to terminate any dispute resolution efforts at any time and for any reason, and may do so without any liability to You.
10. Lost & Damaged PetfetchID tags.
In the event that You lose or damage Your PetfetchID tag, You can order a replacement via PetfetchID.com or via one of our registered finders for a fee.
11. Changing Your email address and/or telephone number
You must notify Petfetch if Your email address or telephone number changes. Petfetch will use Your email address and telephone number to contact You in the event that Your pet is lost. If Your email address or telephone number is incorrect, Petfetch may not be able to contact You. To update Your email address or telephone number, please log in to Your account on the Website and update Your details.
12. Keyfetch Liability
12.1 KEYFETCH PROVIDE THE SERVICES AND THE WEBSITE "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. KEYFETCH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
12.2 Keyfetch assume no liability or responsibility for:
(a) any errors or omissions in the Website;
(b) any failures, delays or interruptions of the Services or the Website; or
(c) any losses or damages arising from the use of the Services or the Website.
12.3 Keyfetch reserve the right to provide the Website and the Services in its sole and absolute discretion, save that Keyfetch will use commercially reasonable efforts to avoid cessation or interruption of the Website or the Services during the term of any subscription for the Services except as required by law or as deemed reasonably necessary by Keyfetch in its sole discretion to mitigate liability or damages.
12.4 In no event shall Keyfetch, or their shareholders, directors, officers, employees, agents, partners or affiliates be liable (jointly or severally) to You or any third party for loss of use or any special, incidental, indirect or consequential damages whatsoever arising out of or in connection with these Terms and Conditions, the Website or the Services or any failure or delay in delivery of any product or service, on any theory of liability, and whether or not advised of the possibility of damage.
12.5 Subscribing for the Services does not mean either that Your pets will not be lost or stolen or that (if they are lost or stolen) they will be returned to You. In the event that Your pet is not returned to You, You will not be entitled to a refund or to any reimbursement or compensation.
12.6 Keyfetch are neither responsible nor liable for the behavior of its users. Keyfetch shall not be liable in the event that any user harasses, offends or acts in an unlawful or unpleasant manner towards You (whether or not You have followed the guidance herein).
12.7 Certain jurisdictions do not permit certain limitations of liability or damages, so some of the limitations in these Terms and Conditions may not apply to You. In particular, Keyfetch does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Keyfetch. But Keyfetch do otherwise seek to otherwise limit its liability, and that of its owners, officers, employees and affiliates, to the maximum extent permitted under applicable law.
12.8 If any applicable authority holds any portion of these Terms and Conditions to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12.9 From time to time You may use or access services, promotions and websites of third parties through links displayed on the Website. Keyfetch do not operate and are not responsible for any such third party websites or services (including payment services) and You use them at your own risk. You also agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
13. Your conduct
13.1 In using the Website and the Services and/or (to the extent applicable), You agree and undertake to:
(a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password;
(b) comply with these Terms and Conditions at all times;
(c) not use or attempt to use the Website, the Service or any equipment or software of Keyfetch, or its service providers to send unsolicited email communications;
(d) comply with all applicable laws at all times in connection with your use of the Website and the Services; and
(e) act at all times in a courteous and polite manner with other users.
13.2 You further agree not to:
(a) interfere with the servers or networks connected to the Website or used to provide the Services or to violate any of the procedures, policies or regulations of networks connected to the Website or used to provide the Services, including without limitation these Terms and Conditions;
(b) upload, post, e-mail or otherwise send or transmit any obscene or pornographic material or any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy, monitor or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website or the Services or any users thereof;
(c) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or the Services to any third party, or jeopardize the correct functioning of the Website or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website or the Services;
(d) attempt to gain access to secured portions of the Website or the Services to which You do not possess access rights;
(e) impersonate any other person while using the Website or the Services;
(f) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or the Services;
(g) resell or export the software associated with the Website or the Services;
(h) use the Website or the Services or any hardware or software used to provide the Website or the Services to generate unsolicited advertisements or spam; or
(i) use any automatic or manual process to search or harvest information from the Website or the Services, or to interfere in any way with the proper functioning of the Website or the Services.
14. Our rights
In providing You with access to the Website and in providing the PetfetchID Services, Keyfetch reserves the following rights, and in accessing, browsing or otherwise using the Website and/or subscribing for the Services You grant to Keyfetch and agree that Keyfetch shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website and the Services and to cancel Your registration in accordance with any applicable laws at any time (with or without notice) if in Keyfetch’s sole and absolute discretion You violate or breach any of these Terms and Conditions or attempt to perform, or perform, any illegal act with, through or in connection with Your use of the Website or the Services;
(b) the right to suspend, amend or disable Your subscription without giving You notice or any reason, save that where or Keyfetch disables Your subscription other than because in Keyfetch’s sole and absolute discretion You have violated or breached any law or any of these Terms and Conditions shall refund the outstanding pro rata balance of Your subscription for the Services;
(c) the right to amend or update the Services, the Website, prices of subscriptions, billing methods or these Terms and Conditions from time to time;
(d) the right to report You or any other person to the police or other judicial body if Keyfetch believes in its sole and absolute discretion that Your conduct (or that of any other person) whether in using the Website, subscribing for the Services or otherwise is or may be unlawful.
15. Intellectual Property
15.1 Keyfetch and/or its suppliers and licensor(s) are the owners of the Website and the technology utilized to provide the Services, and all related intellectual property, which includes any software, domains, and content made available through the PetfetchID Website.
15.2 The Keyfetch brand (including all registered and unregistered trademarks and services marks utilized by Keyfetch) and the Website are protected by U.S., UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website, or use any trademark or service mark of Keyfetch or Petfetch, without Keyfetch’s prior express written consent.
15.3 Notwithstanding the foregoing, You may communicate links to the Website and tweet or otherwise communicate information relating to Your use of the Services using social media unless and until Keyfetch requests that you cease doing so.
15.4 Any unauthorized use of the Website or the Services will result in the immediate and automatic termination of any consent to use or link to the Website or the Services or use any intellectual property of Keyfetch or its licensors in any manner. Keyfetch reserve the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
15.5 Keyfetch, Petfetch and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Keyfetch. They may not be used without Keyfetch’s prior express written permission.
15.6 All other trademarks not owned by Keyfetch that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Keyfetch.
16. Security
16.1 Whilst Keyfetch have used commercially reasonable efforts to implement reasonable technical and organizational measures to secure Your personal information from unauthorized access or use, Keyfetch cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk and that You will cooperate with Keyfetch in the event of any breach of such measures.
16.2 When You register for the Services, You provide Your bank account and card details to Keyfetch's payment provider which processes the payment on Keyfetch’s behalf. Keyfetch does not receive (and is not responsible for) your payment information.
17. Electronic Communications
By downloading and/or using the Website and/or registering for the Services, You consent to receiving electronic communications and notices from Keyfetch. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Privacy
18.1 You provide us with information when You subscribe for the Services. Keyfetch endeavor to collect only the minimum information required for Keyfetch to provide the Services and to effectively communication with its Registered Users.
18.2 In addition to the information Keytech collect when You subscribe for the Services, Keyfetch also collect information relating to Your usage and purchase history, Your activities and Your use of the Website.
18.3 Any information that You submit or that Keyfetch collects when You are using the Website or otherwise in relation to Your use of the Services is subject to the Keyfetch Privacy Policy.
18.4 PetfetchID is not intended to be used by any person under 18 years of age. By subscribing for the Services, You warrant and represent that you are an adult and are legally permitted and capable of agreeing to these Terms and Conditions.
19. Indemnity
You agree to indemnify and hold Keyfetch, and its related companies, and each of their respective shareholders, directors, officers, employees, affiliates, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party. To the extent this Paragraph 19 is inconsistent in any way with any other provision of these Terms and Conditions, this Paragraph 19 and such other provision will be interpreted together to provide the maximum protection to Keyfetch permitted under applicable law.
20. Disputes
20.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Keyfetch’s advertising or any related transaction between You and Keyfetch shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.
20.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach thereof will be finally resolved by arbitration exclusively (i) administered by the International Center for Dispute Resolution (the “ICDR”) and (ii) under the Commercial Arbitration Rules of the ICDR, (the “ICDR Rules”). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one unless the parties to a particular dispute subsequently agree in writing that three arbitrators shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICDR Rules and this Agreement. If the parties mutually agree to appoint three arbitrators, then each party shall nominate an arbitrator and the two arbitrators nominated by the parties to the arbitration in accordance with the ICDR Rules shall agree on a third neutral arbitrator, who shall serve as chairman of the arbitral tribunal. If the arbitrators fail to agree on a third arbitrator within fifteen (15) business days, the third arbitrator shall be appointed by the ICDR. The place of arbitration shall be Miami, Florida USA. The arbitration proceedings shall be conducted in English. Any award of the arbitral tribunal shall be final and binding on the parties to the arbitration and judgment thereon may be entered in any court of competent jurisdiction, and application may be made to any court of competent jurisdiction for injunctive or other relief in aid of such arbitration and for judicial recognition of the award and an order of enforcement. The Parties hereby waive any right to appeal from any award to the extent allowed by applicable law and agree that UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is applicable to the enforcement of any award. The parties further waive, to the extent permitted under applicable law, any right that they may have under any law applicable to this agreement or any party hereto to object to arbitration hereunder on the basis that such an agreement was not entered into after a dispute had arisen. The parties further agree that arbitration under this paragraph shall be the exclusive method for resolving the disputes covered hereby, and no party to these Terms and Conditions will commence any action or proceeding in any court with respect to any such dispute except (i) to enforce this paragraph; (ii) to obtain provisional judicial assistance in aid of arbitration under this paragraph; (iii) to obtain injunctive relief (either permanent or temporary) in aid of any of the provisions of this agreement; or (iv) to enforce an arbitral award made in accordance with this paragraph. Except as may be required by law, neither a party nor any arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
21. Termination
21.1 Keyfetch may change or discontinue the availability of the PetFetchID Website and/or the Services at any time without prior notice, save that if Keyfetch discontinues the availability of the Website and/or the Services prior to the expiry of any Subscription Period, Keyfetch shall refund an amount equal to the outstanding balance paid for the remainder of the Subscription Period.
21.2 Keyfetch reserves the right to terminate these Terms and Conditions, without notice, in the event that You violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against You) or violate any law in connection with Your use of the Website or the Services. In the event of any termination, You will immediately cease use of the Website and Your subscription to the Services will immediately terminate. In such circumstances, You will not be entitled to any refund.
22. General
22.1 These Terms and Conditions are agreed between You, and Keyfetch. No person shall have any rights under or connection with these Terms and Conditions, including under the Contracts (Rights of Third Parties) Act 1999 or any similar law or regulation in any applicable jurisdiction, to the maximum extent permitted by any applicable law.
22.2 If any arbitrator, arbitration panel, tribunal or court or competent authority decides that any term of these Terms and Conditions invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. To the extent permitted by applicable law, the parties agree that such arbitrator, arbitration panel, tribunal or court may revise such severed term to comply with the intent of the parties under this agreement and may enforce such term as revised.
22.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
22.4 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
22.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
22.6 These Terms and Conditions set forth the entire understanding and agreement between You, Keyfetch with respect to the subject matter hereof.
DriveAmerica Key Terms and Conditions
Applicable to the DriveAmerica Key website or through partners.
Contents
Clause
1. What is DriveAmerica Key?
2. What are these Terms and Conditions?
3. Definitions
4. Acceptance of Terms and Conditions
5. Subscribing for the Services
6. Third Party Terms
7. What happens if Your key goes missing?
8. Tips on collecting Your keys
9. Disputes with Finders
10. Lost Keys
11. Changing Your email address and/or telephone number
12. DriveAmerica Key Liability
13. Your conduct
14. Our rights
15. Intellectual Property
16. Security
17. Electronic Communications
18. Privacy
19. Indemnity
20. Disputes
21. Termination
22. General
1. What is DriveAmerica Key?
DriveAmerica Key is a lost key retrieval service that helps a Registered User who have a missing keys interact with a Finder of their key through an anonymous web portal.
2. What are these Terms and Conditions?
These Terms and Conditions set out the terms on which DriveAmerica Key provides its Services to You and on which You agree to use the Services. Capitalized terms used in these Terms and Conditions have the meanings given in the “Definitions” section below. You should review these Terms and Conditions carefully and make sure that You understand them before using the DriveAmerica Key website, signing up for the Services, or activating your DriveAmerica Key protection pack. If You do not agree to these Terms and Conditions, You may not subscribe for, or use, the Services or the website.
3. Definitions
“Finder” means the person who finds a missing set of keys of a Registered Users and communicates with that Registered User through the Website. Both Registered Users and Finders must agree to these Terms and Conditions prior to using the Services or the Website.
“Keyfetch” means Keyfetch, LLC and is the parent company of DriveAmerica Key. Keyfetch may be contacted at P.O. Box 431289, Miami, FL 33243, USA or by sending an email to contact@keyfetch.com. Email delivery is not always reliable and You should not assume an email was received unless You receive an acknowledgement. If you cannot contact Keyfetch by email, you can send a certified letter to Keyfetch at the above address.
“Nominated User” means the person designated as such in accordance with paragraph 5.5 who is responsible for payment of the subscription for the Services.
“Registered User” means a user who has subscribed for the Services. Registered Users agree to these Terms and Conditions by subscribing for the Services or using the Website.
“Services” means all the services provided by DriveAmerica Key as set out in these Terms and Conditions.
“Terms and Conditions” means these terms.
“Your” and “You” means a user of the Website or a person reading these Terms and Conditions who is considering becoming a Registered User, a Finder or a user of the Website.
“Website” means the website on which these Terms and Conditions are displayed.
4. Acceptance of Terms and Conditions
4.1 You may agree to be bound by these Terms of Conditions by becoming a Registered User (by activating an DriveAmerica Key, by using the Website as a Finder or otherwise. These Terms and Conditions are a binding legal agreement. If you do not accept and agree to be bound by these Terms and Conditions, you must not subscribe to the Services or use the Website.
4.2 Keyfetch acting on behalf of United States Auto Club, Motoring Division & DriveAmerica Key may modify these Terms and Conditions from time to time. If You are a Registered User, Keyfetch will notify You of any changes to these Terms and Conditions by emailing You at the email address entered by You when subscribing for the Services. If You are not a Registered User, you should monitor the Website to determine if these Terms and Conditions have changed. These Terms and Conditions include an effective date below. If that date changes, it means that a new revision of these Terms and Conditions has gone into effect. By continuing to use the, Website, the Services and/or extending Your Subscription Period after changes to these Terms and Conditions are made, You agree to be bound by such changes.
4.3 You can review the most current version of our Terms and Conditions at any time by clicking on the link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
4.4 If You are a Registered User, and a change is made to these Terms and Conditions that has a material negative impact on the Services for which you have subscribed, you can cancel your key loss protection service by sending Keyfetch a written request at the address shown in Paragraph 3. If such a request is received by Keyfetch within thirty days of the date of the change to these Terms and Conditions, and Keyfetch agrees in its reasonable discretion that the change does have a material negative impact on the Services, Keyfetch will cancel Your service.
5. Subscribing for the Services
5.1 When you subscribe for the Services in the manner set out in this paragraph, you become a Registered User.
5.2 DriveAmerica Key offers one type of subscription: "Lifetime Service"
5.3 To subscribe, You must register for the DriveAmerica Key service. Amongst other standard sign-up information, the registration process requires You to provide your email address and password. This is so that DriveAmerica Key can notify you in the event that your keys are found. Promotions and discounts are offered in DriveAmerica Key’s sole discretion, can be cancelled at any time, and may have other terms or conditions that must be satisfied by You before they can be used.
6. Third Party Terms
6.1 Keyfetch & United States Auto Club, Motoring Division may, from time to time, have agreements with third parties that permit those third parties to sell the Services to Registered Users. In the event that you purchase a subscription for the Services from a third party, the third party will collect the subscription fees from You, or will pay them on Your behalf. Should you receive Your subscription from a third party, any and all payment issues and refund requests must be addressed by that third party. Keyfetch has no liability for any amounts collected by, or paid by, its partners and resellers.
7. What happens if You lose a key?
7.1 Your DriveAmerica Key label or key ring, depending on which key is missing, contains instructions to a Finder. The Finder may go to the Website and enter the ID code shown on the DriveAmerica Key label attached to Your key. Once that is done, the Website will generate an automatic email notifying You that your key has been located. The Finder does not receive Your email address or any information about You.
7.2 The Finder enters his email address into the Website and is automatically connected to an anonymous messaging system through which he can send You an anonymous message. The Website sends You a message containing a link to an anonymous private chat room in which you can view the Finder’s message. You can then use this messaging system to self-arrange a suitable time and place to collect Your missing key.
7.3 The chat room is recorded and monitored to provide You with protection and security in case of a dispute. Keyfetch and United States Auto Club, Motoring Division have a zero tolerance policy towards abusive or unethical behavior. Keyfetch & United States Auto Club, Motoring Division reserve the right to cancel any service in the event Keyfetch or United States Auto Club, Motoring Division determines, in its sole discretion that the Services are being abused or that any Registered User is violating the acceptable use policy, which may be updated from time to time in Keyfetch’s sole discretion.
7.4 DriveAmerica Key will not disclose Your contact details or any other information about You to a Finder. You are under no obligation to disclose any information to a Finder. Please read paragraph 9 which provides guidance on dos and don’ts when arranging to collect Your key.
8. Tips on collecting Your lost keys
8.1 Please remember that You will probably be collecting Your keys from a complete stranger. For tips and ideas on how to collect your keys safely and anonymously, see DriveAmerica Key's retrieval tips.
8.2 Also please note that You have no obligation to make any payment to a Finder. By using the Website, a Finder is agreeing to these Terms and Conditions. If You are a Finder, then as an express condition of these Terms and Conditions, You agree not to require or request payment in return for returning a missing key to a Registered User. If any Finder does make such a request, please feel free to report them to contact@DriveAmerica Key.com. Keyfetch nor United States Auto Club, Motoring Division are not obligated to, and will not, reimburse You for any amount demanded by, or paid to, a Finder.
8.3 As a Registered User or a Finder using the Services or the Website, You agree to use the Services and the Website responsibly and are solely liable and responsible for all information your provide to, or receive through, the Service or the Website.
8.4 When arranging to meet another person using the Services or the Website, you MUST take appropriate precautions and must review the safety tips available at DriveAmerica Key.com. Any and all such meetings are at Your own risk and are not the responsibility of Keyfetch. United States Auto Club, Motoring Division or any owner, officer, employee or affiliate of Keyfetch. You agree to indemnify Keyfetch, United States Auto Club, Motoring Division and its owners, employees, and affiliates against any threatened or actual claims that arise as a result of any communication or meeting facilitated by or through the use of the Services or the Website.
8.5 For the avoidance of doubt, neither Keyfetch, United States Auto Club, Motoring Division nor its owners, officers, employees nor affiliates will be liable or responsible for any crime committed by or against you by any third party, or any identity theft resulting from a lost pet or use of the Services, or any harassment or abusive communication by a Finder or Registered User against or to another Registered User or Finder.
8.6 You agree to indemnify Keyfetch, United States Auto Club, Motoring Division and its owners, employees, and affiliates against any threatened or actual claims that arise as a result of (i) a breach by You of these Terms and Conditions, (ii) your use of the Services or the Website, including, without limitation, any actual or threatened claims of infringement, fraud, defamation, online abuses, or harassment, (iii) your negligence in any communication or meeting facilitated by or through the Website or the Services, (iv) any crime committed by You or against You by any third party that is any way connected with Your use of the Services or the Website, or (v) any failure to recover a missing key.
9. Disputes with Finders
9.1 Please report any dispute with a Registered User or a Finder to contact@DriveAmerica Key.com immediately. In particular, please report any Finder who requests money or some other form of payment in exchange for returning Your key. Remember that all communication with Finders are recorded for the purpose of avoiding and/or resolving any disputes.
9.2 While Keyfetch and United States Auto Club, Motoring Division ask that You report disputes, Keyfetch and United States Auto Club, Motoring Division do not promise that it will be able to resolve any dispute or will try to do so. In the event Keyfetch or United States Auto Club, Motoring Division investigates or take any action to resolve any disputes, there is no guarantee or promise Keyfetch or United States Auto Club, Motoring Division will be able to find an acceptable resolution. Keyfetch and United States Auto Club, Motoring Division reserve the right to terminate any dispute resolution efforts at any time and for any reason, and may do so without any liability to You.
10. Lost & Damaged DriveAmerica Keys.
In the event that You lose or damage Your DriveAmerica Key key ring, You can order a replacement via the distributor for a small fee.
11. Changing Your email address and/or telephone number
You must notify DriveAmerica Key if Your email address or telephone number changes. DriveAmerica Key will use Your email address and telephone number to contact You in the event that Your key is lost. If Your email address or telephone number is incorrect, DriveAmerica Key may not be able to contact You. To update Your email address or telephone number, please log in to Your account on the Website and update Your details.
12. Keyfetch & United States Auto Club, Motoring Division Liability
12.1 KEYFETCH AND United States Auto Club, Motoring Division PROVIDE THE SERVICES AND THE WEBSITE "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. KEYFETCH, United States Auto Club, Motoring Division SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
12.2 Keyfetch & United States Auto Club, Motoring Division assume no liability or responsibility for:
(a) any errors or omissions in the Website;
(b) any failures, delays or interruptions of the Services or the Website; or
(c) any losses or damages arising from the use of the Services or the Website.
12.3 Keyfetch & United States Auto Club, Motoring Division reserve the right to provide the Website and the Services in its sole and absolute discretion, save that Keyfetch or United States Auto Club, Motoring Division will use commercially reasonable efforts to avoid cessation or interruption of the Website or the Services during the term of any subscription for the Services except as required by law or as deemed reasonably necessary by Keyfetch in its sole discretion to mitigate liability or damages.
12.4 In no event shall Keyfetch or United States Auto Club, Motoring Division, or their shareholders, directors, officers, employees, agents, partners or affiliates be liable (jointly or severally) to You or any third party for loss of use or any special, incidental, indirect or consequential damages whatsoever arising out of or in connection with these Terms and Conditions, the Website or the Services or any failure or delay in delivery of any product or service, on any theory of liability, and whether or not advised of the possibility of damage.
12.5 Subscribing for the Services does not mean either that Your keys will not be lost or stolen or that (if they are lost or stolen) they will be returned to You. In the event that Your key is not returned to You, You will not be entitled to a refund or to any reimbursement or compensation.
12.6 Keyfetch nor United States Auto Club, Motoring Division are neither responsible nor liable for the behavior of its users. Keyfetch nor United States Auto Club, Motoring Division shall not be liable in the event that any user harasses, offends or acts in an unlawful or unpleasant manner towards You (whether or not You have followed the guidance herein).
12.7 Certain jurisdictions do not permit certain limitations of liability or damages, so some of the limitations in these Terms and Conditions may not apply to You. In particular, Keyfetch nor United States Auto Club, Motoring Division do not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Keyfetch or United States Auto Club, Motoring Division. But Keyfetch and United States Auto Club, Motoring Division do otherwise seek to otherwise limit its liability, and that of its owners, officers, employees and affiliates, to the maximum extent permitted under applicable law.
12.8 If any applicable authority holds any portion of these Terms and Conditions to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
12.9 From time to time You may use or access services, promotions and websites of third parties through links displayed on the Website. Keyfetch and United States Auto Club, Motoring Division do not operate and are not responsible for any such third party websites or services (including payment services) and You use them at your own risk. You also agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
13. Your conduct
13.1 In using the Website and the Services and/or (to the extent applicable), You agree and undertake to:
(a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password;
(b) comply with these Terms and Conditions at all times;
(c) not use or attempt to use the Website, the Service or any equipment or software of Keyfetch, United States Auto Club, Motoring Division or its service providers to send unsolicited email communications;
(d) comply with all applicable laws at all times in connection with your use of the Website and the Services; and
(e) act at all times in a courteous and polite manner with other users.
13.2 You further agree not to:
(a) interfere with the servers or networks connected to the Website or used to provide the Services or to violate any of the procedures, policies or regulations of networks connected to the Website or used to provide the Services, including without limitation these Terms and Conditions;
(b) upload, post, e-mail or otherwise send or transmit any obscene or pornographic material or any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy, monitor or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website or the Services or any users thereof;
(c) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or the Services to any third party, or jeopardize the correct functioning of the Website or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website or the Services;
(d) attempt to gain access to secured portions of the Website or the Services to which You do not possess access rights;
(e) impersonate any other person while using the Website or the Services;
(f) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or the Services;
(g) resell or export the software associated with the Website or the Services;
(h) use the Website or the Services or any hardware or software used to provide the Website or the Services to generate unsolicited advertisements or spam; or
(i) use any automatic or manual process to search or harvest information from the Website or the Services, or to interfere in any way with the proper functioning of the Website or the Services.
14. Our rights
In providing You with access to the Website and in providing the Services, Keyfetch and United States Auto Club, Motoring Division reserve the following rights, and in accessing, browsing or otherwise using the Website and/or the Services You grant to Keyfetch, United States Auto Club, Motoring Division and agree that Keyfetch and United States Auto Club, Motoring Division shall have the following rights:
(a) the right to refuse or withdraw Your access to the Website and the Services and to cancel Your subscription in accordance with any applicable laws at any time (with or without notice) if in United States Auto Club, Motoring Division' or Keyfetch’s sole and absolute discretion You violate or breach any of these Terms and Conditions or attempt to perform, or perform, any illegal act with, through or in connection with Your use of the Website or the Services;
(b) the right to suspend, amend or disable Your subscription without giving You notice or any reason, save that where United States Auto Club, Motoring Division or Keyfetch disables Your subscription other than because in United States Auto Club, Motoring Division' or Keyfetch’s sole and absolute discretion You have violated or breached any law or any of these Terms and Conditions, United States Auto Club, Motoring Division shall refund the outstanding pro rata balance of Your subscription for the Services;
(c) the right to amend or update the Services, the Website, prices of subscriptions, billing methods or these Terms and Conditions from time to time;
(d) the right to report You or any other person to the police or other judicial body if Keyfetch or United States Auto Club, Motoring Division believe in its sole and absolute discretion that Your conduct (or that of any other person) whether in using the Website, subscribing for the Services or otherwise is or may be unlawful.
15. Intellectual Property
15.1 Keyfetch, United States Auto Club, Motoring Division and/or its suppliers and licensor(s) are the owners of the Website and the technology utilized to provide the Services, and all related intellectual property, which includes any software, domains, and content made available through the Website.
15.2 The Keyfetch brand (including all registered and unregistered trademarks and services marks utilized by Keyfetch) and the Website are protected by U.S., UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website, or use any trademark or service mark of Keyfetch, without Keyfetch’s prior express written consent.
15.3 Notwithstanding the foregoing, You may communicate links to the Website and tweet or otherwise communicate information relating to Your use of the Services using social media unless and until Keyfetch or United States Auto Club, Motoring Division requests that you cease doing so.
15.4 Any unauthorized use of the Website or the Services will result in the immediate and automatic termination of any consent to use or link to the Website or the Services or use any intellectual property of Keyfetch or its licensors in any manner. Keyfetch and United States Auto Club, Motoring Division reserve the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
15.5 Keyfetch, United States Auto Club, Motoring Division and the graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Keyfetch and United States Auto Club, Motoring Division. They may not be used without Keyfetch’s or United States Auto Club, Motoring Division' prior express written permission.
15.6 All other trademarks not owned by Keyfetch or United States Auto Club, Motoring Division that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Keyfetch or United States Auto Club, Motoring Division.
16. Security
Whilst Keyfetch and United States Auto Club, Motoring Division have used commercially reasonable efforts to implement reasonable technical and organizational measures to secure Your personal information from unauthorized access or use, Keyfetch and United States Auto Club, Motoring Division cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk and that You will cooperate with Keyfetch and United States Auto Club, Motoring Division in the event of any breach of such measures.
17. Electronic Communications
By downloading and/or using the Website and/or subscribing for the Services, You consent to receiving electronic communications and notices from United States Auto Club, Motoring Division & Keyfetch. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Privacy
18.1 You provide us with information when You use the Services. Keyfetch and United States Auto Club, Motoring Division endeavor to collect only the minimum information required for Keyfetch or United States Auto Club, Motoring Division to provide the Services and to effectively communication with its Registered Users.
18.2 In addition to the information Keytech and United States Auto Club, Motoring Division collect when You subscribe for the Services, Keyfetch and United States Auto Club, Motoring Division also collect information relating to Your usage, Your activities and Your use of the Website.
18.3 Any information that You submit or that Keyfetch or United States Auto Club, Motoring Division collects when You are using the Website or otherwise in relation to Your use of the Services is subject to the Keyfetch and DriveAmerica Key's Privacy Policy.
18.4 DriveAmerica Key is not intended to be used by any person under 18 years of age. By accessing the Services, You warrant and represent that you are an adult and are legally permitted and capable of agreeing to these Terms and Conditions.
19. Indemnity
You agree to indemnify and hold Keyfetch, United States Auto Club, Motoring Division and its related companies, and each of their respective shareholders, directors, officers, employees, affiliates, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party. To the extent this Paragraph 19 is inconsistent in any way with any other provision of these Terms and Conditions, this Paragraph 19 and such other provision will be interpreted together to provide the maximum protection to Keyfetch and United States Auto Club, Motoring Division permitted under applicable law.
20. Disputes
20.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Keyfetch’s or United States Auto Club, Motoring Division' advertising or any related transaction between You and Keyfetch or United States Auto Club, Motoring Division shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.
20.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach thereof will be finally resolved by arbitration exclusively (i) administered by the International Center for Dispute Resolution (the “ICDR”) and (ii) under the Commercial Arbitration Rules of the ICDR, (the “ICDR Rules”). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one unless the parties to a particular dispute subsequently agree in writing that three arbitrators shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICDR Rules and this Agreement. If the parties mutually agree to appoint three arbitrators, then each party shall nominate an arbitrator and the two arbitrators nominated by the parties to the arbitration in accordance with the ICDR Rules shall agree on a third neutral arbitrator, who shall serve as chairman of the arbitral tribunal. If the arbitrators fail to agree on a third arbitrator within fifteen (15) business days, the third arbitrator shall be appointed by the ICDR. The place of arbitration shall be Miami, Florida USA. The arbitration proceedings shall be conducted in English. Any award of the arbitral tribunal shall be final and binding on the parties to the arbitration and judgment thereon may be entered in any court of competent jurisdiction, and application may be made to any court of competent jurisdiction for injunctive or other relief in aid of such arbitration and for judicial recognition of the award and an order of enforcement. The Parties hereby waive any right to appeal from any award to the extent allowed by applicable law and agree that UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is applicable to the enforcement of any award. The parties further waive, to the extent permitted under applicable law, any right that they may have under any law applicable to this agreement or any party hereto to object to arbitration hereunder on the basis that such an agreement was not entered into after a dispute had arisen. The parties further agree that arbitration under this paragraph shall be the exclusive method for resolving the disputes covered hereby, and no party to these Terms and Conditions will commence any action or proceeding in any court with respect to any such dispute except (i) to enforce this paragraph; (ii) to obtain provisional judicial assistance in aid of arbitration under this paragraph; (iii) to obtain injunctive relief (either permanent or temporary) in aid of any of the provisions of this agreement; or (iv) to enforce an arbitral award made in accordance with this paragraph. Except as may be required by law, neither a party nor any arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
21. Termination
21.1 Keyfetch or United States Auto Club, Motoring Division may change or discontinue the availability of the Website and/or the Services at any time without prior notice, save that if Keyfetch or United States Auto Club, Motoring Division discontinues the availability of the Website and/or the Services prior to the expiry of any Subscription Period.
21.2 Keyfetch reserves the right to terminate these Terms and Conditions, without notice, in the event that You violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against You) or violate any law in connection with Your use of the Website or the Services. In the event of any termination, You will immediately cease use of the Website and Your subscription to the Services will immediately terminate. In such circumstances, You will not be entitled to any refund.
22. General
22.1 These Terms and Conditions are agreed between You, United States Auto Club, Motoring Division and Keyfetch. No person shall have any rights under or connection with these Terms and Conditions, including under the Contracts (Rights of Third Parties) Act 1999 or any similar law or regulation in any applicable jurisdiction, to the maximum extent permitted by any applicable law.
22.2 If any arbitrator, arbitration panel, tribunal or court or competent authority decides that any term of these Terms and Conditions invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. To the extent permitted by applicable law, the parties agree that such arbitrator, arbitration panel, tribunal or court may revise such severed term to comply with the intent of the parties under this agreement and may enforce such term as revised.
22.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
22.4 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
22.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
22.6 These Terms and Conditions set forth the entire understanding and agreement between You, United States Auto Club, Motoring Division and Keyfetch with respect to the subject matter hereof.