1. INTRODUCTION

This Terms of Use Agreement (the “Agreement”) applies to any and all websites, apps, and online services (“Sites”) associated with En Route Pet Transportation and its affiliates and subsidiaries (the “Company,” “we,” “us” and “our”) and all affiliated domains that link to this Agreement including, without limitation, http://www.GroundPetTransportation.com, http://www.FurHeartPetSittingandDogWalking.com, (collectively referred to herein as the “Sites”). By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of material on the Sites and users who register for the Sites as set forth below in Section 8.  By using the Sites you also represent that you are at least 13 years old. Company does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE SITES IF YOU ARE UNDER THE AGE OF 13.  In addition, when you use any current or future version of the Sites, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Sites following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Company on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated, or representative capacity.

 

2. PRIVACY

Please review our Privacy Policy, which also governs your visit to the Sites, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

 

3. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.

 

4. DISPUTE RESOLUTION

By using the Sites, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the  Sites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

• to the Company at:

En Route Pet Transportation

Attention: Legal Department

9139 W. Watson Ln.

Peoria, AZ 85381

• to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you

Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable.

 

5. CHOICE OF LAW

These Terms of Use have been made in, and shall be construed in accordance with, the laws of the State of Arizona, without giving effect to any conflict of law principles. The parties acknowledge that these Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

 

6. RESTRICTIONS ON USE OF MATERIALS

Trademarks. En Route Pet Transportation, Fur Heart Pet Sitting and Dog Walking, and other trademarks, service marks, trade names, and trade dress indicated on our Sites are trademarks or registered trademarks of Company and its affiliates, licensors and licensees in the United States and other countries. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark owned or controlled by Company or any third party.

 

Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of Company or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. Nothing stated or implied on the Sites confers on you any license or right under any copyright of Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of Company or its lawful successors and assigns. For usage permission, please contact us via email at info@EnRoutePetTransport.com.

 

7. NOTICE OF COPYRIGHT INFRINGEMENT

We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

(1) Identification of the copyrighted work claimed to have been infringed;

(2) Identification of the allegedly infringing material on the Sites that is requested to be removed;

(3) Your name, address, and daytime telephone number, and an email address if available, so that we may contact you if necessary;

(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

For notice of claims of copyright infringement on the Sites, contact us at:

En Route Pet Transportation

9139 W. Watson Ln.

Peoria, AZ 85381

 

8. INSTANT QUOTE

To receive a price quote for pet transportation, interested parties must fill out the Instant Quote form found at https://www.groundpettransportation.com/rates/. Those who submit their information and information about a prospective pet transportation will receive their instant quote through an automated email, sent from a third-party emailing service. Once the Instant Quote pursuant has received the email containing a price quote, the email will contain an option to request their pet’s transport. After a pet transportation has been requested, a representative of En Route Pet Transportation will contact the requester to obtain any following information that is necessary, confirm dates for pet transportation, and any other information necessary to complete the pet’s transportation.

Anyone who submits their information and their pet’s information to receive an Instant Quote understands and accepts the following information:

• Any price for any service and any additional fees may be subject to change at any time by En Route Pet Transportation.
• Instant Quote prices may not always reflect the current price. In these circumstances, En Route Pet Transportation or a representative of the Company will notify those who have submitted their information for an Instant Quote.

 

9. REGISTRATION

You do not have to register to view the Sites. You can visit the Sites, read articles and other materials, submit Instant Quote submissions, browse merchandise, post comments and reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Sites, including but not limited to the ability to purchase products through the Sites and to become a member of the Sites. To register, you must create a user account, which requires you to provide your email address, mailing address, gender, birth date, and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be responsible for any losses caused by any unauthorized use of your account. Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to info@EnRoutePetTransport.com.

 

10. PRIVATE TRANSPORTATION, GROUP+ TRANSPORTATION, BOOKINGS, LATE BOOKINGS, PAYMENTS, AND ORDER CANCELLATIONS

Please review our Online and Phone Purchases Policy, our Payment Policy our Pet Transportation Options, and our Cancellations Policy, which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.

 

11. PET TRANSPORTATION

• Owners of pets being transported must provide a health certificate, issued by a licensed veterinarian, and issued no more than ten days prior to the pet’s transportation date. Any changes in a pet’s transportation date may affect this time-frame. If the pets transportation date has been changed to a date where the pet’s health certificate is no longer valid or dated within the ten days prior to the pet’s transportation, the pet owner must provide a new health certificate that is dated within ten days prior to the pet’s transportation. The pet owner will be entirely responsible for any extra costs associated with such change.
• All pets must be licensed by the State in which they currently reside, before they can be transported.
• All pets must be current on all vaccinations, required by the State in which they currently reside, before they can be transported.
• In the event that any member of En Route Pet Transportation is harmed by one of the client’s animals while performing the pet waste removal service, En Route Pet Transportation reserves the right to take legal action.
• All pets must be at least eight weeks of age, to be transported.
• En Route Pet Transportation may refuse to provide transportation services for any reason, in En Route Pet Transportation’s sole and absolute discretion.
• En Route Pet Transportation reserves the right to determine if weather is unfavorable for safe transport.
  1. If the arrival date and/or time must be changed due to unsafe driving conditions, En Route Pet Transportation will not change the price of the transportation service.
• Pet owners agree to allow En Route Pet Transportation to use any photos taken of said pet/ pets during transportation for advertising purposes.
• If any animal is known to act aggressively or does act aggressively under any circumstance, En Route Pet Transportation reserves the right to take any precautions that they deem necessary to make sure there will be safe transportation for all passengers, human and/or animal.
• All pets that are subject to Group+ pet transportation are required to be transported in a kennel or crate.
• If the pet owner purchases Private pet transportation, pet owners may request that their pet be transported without the use of a kennel or crate to secure their pet.
  1. If pets are not secured by a crate or kennel, pet owners must provide a harness that fits the pet properly. En Route Pet Transportation and any of its members and staff will secure the pet with a seat belt that connects from the pet’s harness to the transportation vehicle’s safety belt attachment.
  2. If the pet owner requests for their animals to not contained in a kennel or crate during the transport, En Route Pet Transportation cannot be held liable for any injuries or death that occurs to these animals as a result of not being contained.

 

12. Pet Transportation Risks

With respect to the precautions En Route Pet Transportation performs, En Route Pet Transportation cannot guarantee that the pets of any client will not contract a disease as a result of any member of En Route Pet Transportation’s presence in and around their home.  If a client’s pet contracts a disease at any time while En Route Pet Transportation or any member of En Route Pet Transportation is employed by the client, the client will not take legal action against En Route Pet Transportation, any of its members, and any of its staff. At any time a pet is showing signs of illness, En Route Pet Transportation reserves the right to take the dog to the nearest veterinary care facility for healthcare. All veterinary expenses will be reimbursed to En Route Pet Transportation, by the owner of the pet that is affected.

Pet owners understand the risk of their pet fleeing from the pet transporter. Pet owners accept the risk of a physical altercation with any other pet that is also being transported. Pet owners agree to accept and pay for the expenses for any injures or loss sustained by either the pet or pet owner.

Pet owners understand and accept these risks and agree to not take any legal action against En Route Pet Transportation for such circumstances.

 

13. COMMENTS

We welcome your comments and feedback about the Sites, our services, and our products. In addition, in some places the Sites enable users to post comments and reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) on the Sites or sent to us, whether through the Sites, email, facsimile, U.S. mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted the Company, a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable license to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  The Company may sublicense its rights through multiple tiers of sublicenses.  You should not submit any Comments to us that you do not wish to license to us.  The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments.  You grant the Company the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.

Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.

 

14. LICENSE AND SITE ACCESS

Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.  Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates, licensors or licensees without express written consent of Company. You may not use meta tags or any other hidden text using Company’s brand names or trademarks without the express written consent of Company. Any unauthorized use will immediately terminate the permission or license granted by Company.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by “deep linking,” or otherwise, without prior written permission from Company. Any permitted links to the Sites must comply will all applicable laws, rules and regulations.

 

15. THIRD-PARTY AND CO-BRANDED SITES

The Sites may contain hyperlinks (“links”) to websites operated by persons or entities other than Company (“third-party Websites”) or to co-branded websites operated by a third party, including Company’s affiliates and licensees (“co-branded Websites”). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Company explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.

COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

 

16. YOUR RESPONSIBILITIES

You agree to comply with all applicable laws in connection with your use of the Sites, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Sites, you warrant that you will not use the Sites for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Sites or any co-branded Website must be accurate, complete, and current.

By using the Sites, you agree not to violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Sites; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting; using the site in a manner that is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs); interfering with or disrupting the Sites, services connected to the Sites, or otherwise interfering with operations or services of the Sites in any way; infringing any copyright, trademark, trade secret, patent or other right of any party, or defaming or invading the publicity rights or the privacy of any person, living or deceased (or impersonates any such person); causing us to lose (in whole or part) the services of our internet service providers or other suppliers; linking to materials or other content, directly or indirectly, to which you do not have a right to link; using the site in a manner that is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by the Company in its sole discretion; copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Sites or any portion thereof; violating, or encouraging anyone to violate this Agreement, any ancillary terms and conditions listed on the Sites, or the Privacy Policy; or violating, or encouraging anyone to violate, any applicable local, state, national, or international law, regulation or order.

 

17. TERMINATION OR RESTRICTION

Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.

18. PRODUCT & SERVICE INFORMATION

Company attempts to be accurate in describing its products and services on the Sites. We do not warrant that product and service descriptions or other content of this or any other Sites are complete, reliable, current, or error-free.

We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see depend on your computer monitor and other factors beyond Company’s control, we cannot guarantee that your computer’s display of any color on the Sites will be accurate.

Most Company products and services displayed on the Sites are available in the United States. In some cases, products and services displayed for sale at the Sites may not be available. Unless otherwise stated, the prices displayed at the Sites are quoted in U.S. Dollars.

 

19. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SITES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO COMPANY THROUGH THE SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NOTE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS.

 

20. MISCELLANEOUS LEGAL PROVISIONS

Company may discontinue the Sites at any time and for any reason, without notice. Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Company’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement constitutes the entire and final agreement regarding the Sites and its contents, and supersedes any prior or contemporaneous communications between you and Company regarding the Sites and their contents.

All rights not expressly granted herein are hereby reserved to Company.

 

21. TRANSPORTATION LIABILITY RELEASE

1. To the maximum extent permitted by law, the pet owner, consignor, and consignee (A) hereby releases En Route Pet Transportation, its officers, directors, employees, and agents, from any and all liability for any injury or illness suffered by his or her dog, while in the transporter’s care, except to the extent such illness or injury is the result of En Route Pet Transportation’s or transporters’ negligence or intentional misconduct; and (B) agrees not to initiate any legal proceedings against En Route Pet Transportation or transporter with respect to such released claims.
2. Without limiting section 21(a) above, En Route Pet Transportation and each transporter’s aggregate liability for failure to    perform under this agreement or any injury or illness to a dog will be limited to the lesser of (A) the cost of the transportation during which the failure, injury or illness occurred or (B) $250.00. In no event will En Route Pet Transportation or any transporter be liable for special, consequential, exemplary or punitive damages, even if advised of their possible existence.

 

22. CONTACT US

If you have any questions or concerns regarding the Sites or this Agreement, please contact us by email at info@EnRoutePetTransport.com or write to us at the following address:

En Route Pet Transportation

Attention: Legal Department

9139 W. Watson Ln.           

Peoria, AZ 85381