Legal Info

Legal Info

2 -Year Limited Warranty

October 2020

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

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

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

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

WARRANTY FOR ALASKA, HAWAII, PUERTO RICO AND CANADA

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

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

Privacy Statement for Petnovations LTD and Its Subsidiaries' Websites

October 2020

This Privacy Policy for PetNovations Ltd, and its subsidiaries Web Sites describes information PetNovations, Inc. and its subsidiaries and affiliates (collectively, “PetNovations”) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

This document focuses on information related to the operation of the public websites available at nest.com and nest.com sub-domains (each, a “Site”), including our online store.

We provide additional details about how we collect and use information in connection with PetNovations products and services in our Privacy Statement for PetNovations Ltd, and its subsidiaries Products and Services

COLLECTION AND USE: PetNovations collects information about you through our Sites in several ways. This information is used to provide users with PetNovations products and services, to allow us to understand how visitors navigate our Site, and to provide advertising that is relevant to your interests.

Purchase and Login Information: If you pre-order or purchase PetNovations products from our Site, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. If you create a PetNovations account, your name, billing and shipping address and the last four digits of your credit card information can be stored by PetNovations. We do not collect or store your full credit card information. Our credit card processing service provider, Braintree, will collect and store full payment card information from you when an order is placed until when it ships. If you create a PetNovations and elect to have payment card information saved, Braintree will store your payment information.

Mailing List Information: You may choose to submit your email address via a submission form located on our Site or when you sign up for a PetNovations account. Your email address may be used to send you news about PetNovations-related services, surveys, products or promotions. We may use one or more service providers, including to administer these messages, but we do not share your email address with spammers or any other third parties without your permission.

Device Usage information: If you visit our Site and are logged into your PetNovations account, we record the IP address you visit our Site from, and if you have a PetNovations device or other connected device, we record adjustments you make to the product through the app interface. We store this data along with your email address, information about your PetNovations device, data collected directly by the device, a history of your device settings, and any other information we have collected about your use of PetNovations products and services. See our Privacy Statement for PetNovations Ltd, and its subsidiaries Products and Services to learn more about the usage information collected through our products.

Online Tracking and Your Choices:

Website Use Information: Like many websites, we and our third-party partners analyze log file information and other data collected through cookies, web beacons, and other tracking technology, to collect information about your browsing behavior when you visit our Site, including for example, your browser type, domains, page views, IP address, referring/exit pages, information about how you interact with our Site’s webpages and with third-party links, traffic and usage trends on the service, etc. We use session cookies to keep you logged in while you use features of our Site; these disappear after you close your browser. We also use persistent cookies, which stay in your browser and allow us to recognize you when you return to the Site. We use this to remember your information so you will not have to re-enter it, to better understand how you use our website and products and services, to diagnose and fix technology problems, and otherwise enhance our Site, products, and services. In some of our email messages, we use a “click-through URL” linked to content on the Site. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third-party analytics tools (including Google Analytics) to assist us with analyzing and improving our service. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our Site may not work for you. Please note, depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device.

  • Your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information for analytic and internal purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org/).
  •  
  • We permit third-party advertising partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Site. For example, we use advertising services provided by third-party ad partners, such as Google Display Network and AdRoll, to market our services to you on other websites and online services. Through a process called “retargeting,” each service places a cookie on your browser when you visit our Site so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid use of this information for advertising by these third-party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the Do Not Track option on your browser, though we have no control over and cannot confirm whether these third party ad parties honor the Do Not Track browser signal. Additionally, many advertising companies are members of the NAI or DAA and/or provide opt-outs on those industry pages at http://optout.networkadvertising.org/choices or aboutads.info/choices.

Third-Party Sites and Features: Our Site may contain links to other websites operated by third parties and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third-party website.

Minors: Our Site does not knowingly collect or store any personal information about children under the age of 13.

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

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

  • With your permission: We may share personal information when we have your permission. One example of this would be if you sign up for programs offered by our partners (e.g., energy or insurance companies). If you do this, we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device. If you connect third-party devices and services to your PetNovations Products through the Works with PetNovations and its subsidiaries program, you are shown information about any proposed exchange of data. PetNovations will request your consent to these exchanges on your behalf and you can change your mind at any time. When you use third-party services integrated with the PetNovations Products, their own terms and privacy policies will govern those services.
  • For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage, including helping to answer your questions. They may also assist with monitoring our servers for technical problems.
These technicians (as well as PetNovations employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-PetNovations purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.
  • As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
  • For legal reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons. For example, to respond to legal process, or comply with state and federal laws (or the applicable laws of foreign countries other than the United States).

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

Your personal information may be collected, processed and stored by PetNovations Ltd, and its subsidiaries or its service providers in the United States and other countries outside the European Union where our servers reside. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities, in those jurisdictions.

SECURITY: PetNovations takes security seriously and cares about the integrity of your personal information. We use commercially reasonable physical, administrative, and technological methods to transmit and store your data securely. However, PetNovations cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

RETENTION: PetNovations generally stores your personal information on CatGenie servers until you delete or edit it, or for as long as you remain a PetNovations customer in order to provide you with PetNovations Products. In addition, PetNovations may store your personal information to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

INTERNATIONAL VISITORS AND DATA TRANSFERS

International Visitors: The PetNovations website is hosted in the United States and is intended for United States and Canadian visitors. If you are accessing the site from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you agree to that transfer.

CHANGES TO PRIVACY POLICY:

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

CONTACT:

For users in the United States and Canada: PetNovations, Inc., 1100 Schell Lane Phoenixville, PA 19460 USA

If you have any questions or requests about your personal data, please contact us at privacy@catgenie.com or CatGenie Support.

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

October 2020

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

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

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

Our Pledge:

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

Your Consent:

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

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

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

The PetNovations CatGenie A.I.collects:

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

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

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

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

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

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

What information is shared among multiple connected PetNovations Products?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How does PetNovations use the information it collects?

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

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

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

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

In what circumstances does PetNovations share my information?

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

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

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

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

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

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

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

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

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

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

Can the Privacy Statement be changed?

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

How can I contact PetNovations?

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

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

 

Terms of Service

October 2020

PetNovations, LTD., and its subsidiaries (collectively, “PetNovations”) provides: (1) a PetNovations user account website that may be accessed at CatGenie.com  (each “Site”), (2) services accessible through the Sites (“Web Apps”), (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with PetNovations hardware products (“Products”) and in other ways that PetNovations provides. The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services.

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

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

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

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

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

End User License Agreement

October 2020

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

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

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

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

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

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

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

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

 

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

Sales Terms

October 2020

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

  1. Severability.If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
  1. Survivability.The obligations in Sections 11, 12, 13, and 14 through 22 will survive any expiration or termination of these Terms.
  1. Waiver.Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
  1. Governing Law and Jurisdiction.These Terms & Conditions are governed by the laws of the State of Pennsylvania without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Montgomery County, Pennsylvania for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.

FCC Compliance

October 2020

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

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

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

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

Change or modifications that are not expressly approved by the manufacturer could void the user’s authority to operate the equipment.

RF Exposure Information

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

Intellectual Property and Other Notices

October 2020

Intellectual Property and Other Notices

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

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

To give you the best experience we can, CatGenie uses cookies on our website. By continuing to use the site, you agree that we can save them on your device. For more information, please review our Privacy Policy.

PRIVACY POLICY
Pre-loader