Halo® Protection Terms & Conditions
How Consumer Rights Affect the Plan
THE BENEFITS CONFERRED BY THE PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY PAWS LLC OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
- The Plan
This contract (the “Plan”) governs the services provided by PAWS LLC under the Halo Protection program and includes the terms and conditions in this document.
Benefits under this Plan are additional to your rights under applicable laws, the manufacturer’s hardware warranty and any complimentary technical support.
The Plan covers the following equipment that has been purchased through halocollar.com or an authorized Halo Collar reseller (the “Covered Equipment”): The Halo Collar unit – that has the QR code and serial number on it registered for the Plan. Supplemental parts such as the strap, charger, USB cable, beacon and any accessories, whether or not purchased at the same time, are not included in the Plan.
- Plan Overview
Plan coverage begins when you subscribe to a Halo Subscription Plan until cancelled as set forth in the “Cancellation” Section 7 below, including in the event that PAWS LLC is no longer able to service your Covered Equipment, in which case PAWS LLC will provide you with thirty (30) days’ prior written notice of cancellation, or as otherwise required by law.
Upon submitting your request for a replacement unit in the Halo Protection section of My Account at https://www.halocollar.com/my-account/, a replacement unit will be entered into the system to be shipped to you. You have the option of having your existing Halo Collar immediately deactivated or automatically deactivated in two weeks if you wish to continue using the old Halo Collar (in which case you will continue to be billed for the old Halo Collar subscription until it is deactivated). Replacement units purchased at www.halocollar.com as part of the Halo Protection plan are covered under the same warranty terms as those found at the Halo Collar website: <https://www.halocollar.com/warranties>.
Once a collar is deactivated as part of a Halo Protection replacement, it is no longer usable, and should not be used on a dog under any circumstances. Please dispose of deactivated Halo Collars properly as they cannot be repurposed for future use.
All replacement units provided under this Plan will be functionally equivalent to the original product. At PAWS LLC’s sole discretion, the replacement unit may be new, but you have no right to a new replacement unit. If you choose to return your covered unit to PAWS LLC, the original product becomes PAWS LLC’s property.
A service fee of $449 applies to each replacement event, to be paid in advance by you at the time of requesting your replacement. Notwithstanding the foregoing, if you signed up for and maintain a Halo Subscription Gold Plan when initially selecting a Subscription Plan or you have maintained a Halo Subscription Gold Plan for at least three (3) months prior to your request for a replacement, a service fee of $399 applies to each replacement event. The service fee excludes applicable taxes and shipping that are payable by you. PAWS LLC may change the service fee upon 30 days written notice.
Coverage under the Plan is limited to the fifty states of the United States and the District of Columbia. Supplemental parts such as straps, chargers, USB cables, beacons and any accessories are not included in the Plan. Please retain all parts and accessories to be used with your replacement unit.
- How to Obtain Service and Support?
You may request a replacement unit by logging into to the My Account section at https://www.halocollar.com/my-account/. Here you will see your covered device(s) and instructions on how to request the replacement unit.
- Limitation of Liability and Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAWS LLC AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM PAWS LLC’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF PAWS LLC AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE PRICE ACTUALLY PAID UNDER THIS PLAN OVER THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. PAWS LLC SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE THE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, PAWS LLC’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PAWS LLC provides the Halo Protection Plan on an “AS IS” and “AS AVAILABLE” basis. Other than as expressly provided in writing by PAWS LLC in connection with your purchase of a Halo Collar, to the extent permitted by law, PAWS LLC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, PAWS LLC makes no representations or warranties:
- That the Halo Protection Plan is or will be permitted in your jurisdiction;
- That the Halo Protection Plan and its services will be uninterrupted or error-free;
- That the Halo Protection Plan will meet your personal or professional needs;
- That PAWS LLC will continue to support any particular feature of the Halo Protection Plan; or
- Concerning sites and resources outside of the Halo Protection Plan, even if linked to by PAWS LLC.
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE HALO PLAN, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Except where required by local law, the Plan may not be transferred or assigned to a third-party. Any transfer or assignment from the original purchaser may be canceled by PAWS LLC without prior notice, and no refund will be given unless otherwise required by law. The Plan covers specific Covered Equipment with unique serial numbers, and cannot be transferred between similar units not covered by the Plan.
7.1 PAWS LLC’s Cancellation Rights
PAWS LLC may cancel this Plan for fraud or material misrepresentation, or if service parts or replacement units for the Covered Equipment are not available, upon thirty (30) days’ prior written notice. If local law permits and PAWS LLC cancels this Plan for the unavailability of service parts or replacement units, you will receive a pro-rata refund for prepaid service fees.
7.2 Effect of Cancellation
Upon the effective date of cancellation, PAWS LLC future obligations under this Plan to you are fully extinguished.
- General Terms
(a) PAWS LLC may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(b) PAWS LLC is not responsible for any failures or delays in performing under the Plan that are due to events outside of PAWS LLC’s reasonable control.
(c) This Plan may not be available in all jurisdictions and is not available where prohibited by law.
(d) In carrying out its obligations PAWS LLC may, solely for the purposes of monitoring the quality of PAWS LLC’s response, record part or all of the calls between you and PAWS LLC.
(f) The terms of the Plan shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and PAWS LLC’s entire understanding with respect to the Plan.
(g) There is no informal dispute settlement process available under this Plan.
(h) Except where prohibited by law, the laws of the State of Texas govern Plans purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, then the laws of that jurisdiction will control.
(i) Support services under this Plan may be available in English only.
(j) If any term is found invalid or unenforceable by any court of competent jurisdiction, that term will be enforceable to the maximum extent allowed by law or, if necessary, severed from the remaining terms. No failure or delay by PAWS LLC in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PAWS LLC. PAWS LLC’s rights and remedies hereunder are cumulative and not exclusive.
PAWS LLC may update these terms at any time, in its sole discretion. If PAWS LLC does so, you will be notified by, at a minimum, the posting of the updated terms (as indicated by a revised “Last Updated” date at the top of this page) on the halocollar.com website. Modifications will be effective on the date that they are posted to the PAWS LLC’s website. It’s important that you review the terms whenever they are updated. If you continue to use the Halo Protection Plan after the posting of updated terms, you are agreeing to be bound by the updated terms. Because the Halo Protection Plan is evolving over time, PAWS LLC may change or discontinue all or any part of the Halo Protection Plan, at any time and without notice, at its sole discretion.