UPDATED December 8, 2022
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MAY NOT APPLY TO YOU SUBJECT TO THE LAWS OF YOUR JURISDICTION. THIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY, UNLESS APPLICABLE LOCAL LAW IN YOUR JURISDICTION PROVIDES OTHERWISE . IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT VISIT OR USE THE APPLICATION OR PURCHASE ANY PRODUCTS OR SERVICES.
Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Application so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Application after the date such revised Terms are posted.
Use of Application, Products, and Services
You may only use the Application, Products, and Services within the United States and its territories and possessions and/or within Canada and, in each case, only for your own personal, non-commercial use. If you use the Application, Products, and/or Services in the United States, you hereby represent and warrant that you are not registered for any Canadian Sales Tax purposes and agree not to become so-registered without notice to us. To use certain features of the Products and Services, you must sign up for an account with Halo by downloading the Application from the Apple App Store or Google Play and, if applicable, subscribe to and pay any fees associated with such account. The Products and Services may not function properly if you do not keep your Halo account and subscription current and up-to-date and pay any fees due.
Subject to the Terms, Halo provides Services that have been selected by you. The “Services” include, without limitation, the use of the Halo mobile application, any service Halo performs for you, the customer service feature on the Application, the use of the features of applicable Products and Services useable through your Halo account, and the Content (defined below) offered by Halo on the Application. Halo may change, suspend, or discontinue the Application or any Services at any time, including the availability of any feature, database, or Content. Halo may also impose limits on certain features and services or restrict your access to parts or all of the Application or the Services without notice or liability to you.
You represent and warrant to Halo that: (i) you are an individual (i.e., not a corporation or other legal entity) and you are of legal age to form a binding contract in your jurisdiction (in some jurisdictions this is also referred to as the age of majority); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.
Once you activate your subscription for the Halo Collar, you agree not to: (a) distribute, market, resell, transfer, or allow any other individual (other than those in the same household) to use the Product, Services, or Application; (b) use the Product, Services, or Application in connection with any products or services not supplied or provided by Halo or one of its authorized resellers or otherwise approved by Halo in writing; (c) remove any proprietary notices, labels, or marks on or in the Products or Services; (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Products, Services, or Application; or (e) use the Products, Services, or Application in a manner that (i) infringes or violates any third-party rights, including the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights; (ii) violates any law, statute, ordinance, by-law, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities or sales without Halo’s prior written consent such as contests, sweepstakes, barter, or advertising; (v) impersonates any person or entity, including, without limitation, any employee or representative of Halo; or (vi) transmits, accesses or introduces a bug, virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Application is strictly prohibited. You are responsible for your activity in connection with the Application, Products and the Services. Any fraudulent, abusive, or otherwise illegal activity, including, without limitation, pyramid schemes, may be grounds for termination of your right to access or use the Application, Product or the Services.
By using the Product, you acknowledge the existence and validity of, and agree to be bound by, all terms of this Agreement, including the end user license agreement (“EULA”) that is accessible from this link and is incorporated into these Terms for the software embedded in the Product (“Software”). You shall not copy, decompile, disassemble, reverse engineer, or manipulate any technology in, or otherwise modify or tamper with, any Product or equipment used to receive the Services. Nothing under this Agreement or the fact that you have access to and use of the Application, Product or Services gives you any right, title, or interest or license in or to any technology, software, or content, or any intellectual property rights in any of the foregoing. You shall not have any right, title or interest or license to reproduce or otherwise use our or any third party’s trademarks, service marks, graphics, or logos.
Further, all materials displayed or performed on the Application, Product or the Services, including, without limitation, text, graphics, articles, photographs, images, illustrations, visual files, sounds, audio files, and works (the “Content”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Application, Product or the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any Halo or third-party right.
Third Party Content
Halo uses [at least] the following Third Party Content on the Application, Products, and Services:
- Kore Wireless, a cellular network service, operated by KORE Wireless Group, Inc.; Please see Cellular End User Terms of Service below.
We use KORE Wireless Group, Inc. (“KORE”) to deploy and manage the cellular network used by Halo. You agree and acknowledge that you have no contractual relationship with any of KORE’S resellers (“Resellers”) or the licensed Network Operators that KORE has contracted with to enable the provision of the cellular service or KORE. “Network Operators” are the designated, regulated operators that have been licensed to establish a PCS network (PCS wireless technology provides users with all in one wireless phone, paging messaging and data service). You agree that KORE, the Underlying Carriers and Resellers shall have no legal, equitable or other liability of any kind to You. You acknowledge that the cellular service (“Cellular Service”) may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. You agree that KORE, the Underlying Carriers and Resellers shall not be responsible for interruptions of the Cellular Service or the inability to use the Cellular Service. You understand that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Cellular Service. You agree and acknowledge that the Cellular Service is part of the Service.
You expressly understand and agree that the liability and obligations of KORE or a Reseller to You under the End User agreement for Cellular Services may be strictly controlled and limited by Underlying Carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission, the Canadian Radio-television and Telecommunications Commission, and other United States, Canadian, or foreign governmental authorities which from time to time have jurisdiction.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of Underlying Carrier, KORE, or a Reseller and/or any supplier of services to KORE arising in any way in connection with the Cellular End User Terms of Service, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by KORE of damages in an amount equal to the amount charged to You for the Cellular Service provided under this Cellular End User Terms of Service. In no event shall KORE, the Underlying Carrier or the Reseller be liable for any cost, delay, failure or disruption of the Cellular Service, lost profits, or incidental, special, punitive or consequential damages.
You shall indemnify, defend and hold KORE, the Underlying Carrier and the Reseller and all of their officers, employees and agents harmless from and against all claims, causes of action, losses, expenses, liability or damages (including, without limitation, reasonable legal fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the; the provision or use of the Cellular Service; or the use, failure to use or inability to use the Number. This provision shall survive the termination of the Cellular End User Terms of Service. You acknowledge that the Cellular End User Terms of Service is assignable by KORE or the Reseller. The Cellular Service may be temporarily suspended or permanently terminated without notice in the event that KORE’s agreement with Underlying Carrier is terminated. Unless applicable local law in your jurisdiction provides otherwise, you waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.
You understand and agree that the Halo Collar is a wireless device and that the Service works by using a Global Positioning System (“GPS”) and other wireless communication to determine your animals’ location and relaying such information to Halo. You must be within Halo’s coverage area to use the GPS Service. The location information provided is an approximate location of the device Halo has no control over availability of GPS satellite, cellular, Bluetooth or wi-fi data service on a continuous, uninterrupted basis, in light of factors that may affect such services, many of which may be outside Halo’s control, including, without limitation: (i) equipment damage or malfunctions; (ii) periodic maintenance procedures or repairs which Halo or third party providers may undertake; (iii) location-based interference with GPS signal; (iv) third party cellular service coverage and connectivity; (v) customer or third party wi-fi network operation and internet connectivity; or (vi) causes beyond the control of Halo or that are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Note that even when service is fully functioning, location reporting is not continuous, but intermittent, with a period between reports from the device that may be between several seconds to several minutes.
To use the Application and certain Products and Services, you may be required to register with Halo and select a password and username (“Halo User ID”). You shall provide Halo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. If you access the Application or the Services through a third-party site or service, you will provide your third party account credentials to Halo, and you are consenting to have the information in those accounts transmitted into your Halo account.
Fees and Payment Fees
You shall pay all applicable fees in connection with such Products and Services selected by you. Halo reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Application. Your use of the Products or Services following such notification constitutes your acceptance of any new or increased charges. Unless otherwise expressly set forth herein, any fees paid hereunder are non-refundable.
Taxes and Fees: You agree to pay all access, usage, activation, and deactivation fees, and other charges that we bill you for or that any user of your Product and Services accepts. Usage charges, taxes, and other fees may vary depending on where, when, and how you use your Product or the Services. You are responsible for, and agree to pay, all taxes, fees, and surcharges (collectively, “Sales Taxes”) set by any governmental agency or taxing authority (other than taxes based on Halo’s net income). Where we bill you for Sales Taxes, you shall pay such Sales Taxes to us concurrently with the amounts on which such Sales Taxes are calculated. Where we do not bill you for applicable Sales Taxes, you agree to self-assess and pay such Sales Taxes directly to the applicable governmental agency or taxing authority and will provide evidence of such payment to us upon written request for same.
Payments: All payments must be made in U.S. Dollars. Applicable Sales Taxes may be added to the price of purchases of Products and Services. We may change prices at any time. You may be required to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of the Product and Services. We reserve the right to suspend or terminate your access to the Services, deactivate your Product immediately, and report any late payment or non‐payment to credit reporting agencies. We also reserve the right to refuse any order placed through the Application. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the Application. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products and Services are subject to change.
Halo Subscription Terms
If you purchase a Halo Subscription, you agree to the terms set forth at Subscriptions Terms & Conditions which are incorporated herein by reference.
Halo Care Plan Terms
If you purchase a Halo Care Plan, you agree to the terms set forth at Halo Care Terms & Conditions which are incorporated herein by reference.
Halo Referral Policy
If you refer a user who purchases and activates a Halo Collar, you agree to the terms set forth in the Referral Program set forth at https://www.halocollar.com/referral-program which are incorporated herein by reference. Protect Animals With Satellites LLC may change the terms and conditions of the referral program, in whole or in part, including discontinuing the program, at any time without notice.
Halo Return Policy
Please review our Return Policy located at https://www.halocollar.com/unified-terms-and-conditions/#ReturnPolicy prior to making any purchases. This Return Policy is incorporated herein by reference.
By posting information or content on the Application or on any of our own branded social media sites (e.g., Facebook, Instagram or Twitter) (“User Submissions”), you grant to Halo a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable right to use such User Submissions in connection with the Services, the Product, the Application, and Halo’s (and its successors’ and assigns’) business, including by reformatting, modifying, creating derivative works of, excerpting, and translating any User Submissions. You understand that all information publicly posted or privately transmitted through the Application, or the Services is the sole responsibility of the person from which such content originated. Under no circumstances will Halo be liable in any way for any User Submissions, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Application or the Services.
PRIVACY OF PERSONAL INFORMATION
You can permanently remove Personal Information from your account at any time. In case you want to recover the deleted information, Halo may (but provides no representation or warranty that it will) be able, at its sole discretion, to retrieve a back-up copy of the Personal Information which was stored on the Application, Products, and Services for up to thirty (30) days after you instruct us to delete this information. Otherwise, Personal Information, including any that was paid for through the use of the Application, Products, and Services, are permanently removed from the Application, Products, and Services and must be recreated or repurchased therein.
In the event that you save, print, fax, or transmit copies of your Personal Information from the Application, Products, or Services (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information. Halo will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any Personal Information placed on the Application, Products, or Services or otherwise provided to Halo, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered Personal Information (“De-Identified Information”). You agree that in the event you delete Personal Information from the Application, Products, or Services, Halo may maintain a copy in the form of De-Identified Information. Halo is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use it, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Halo to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Application at any time or for any reason at our sole discretion without notice. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. Unless applicable local law in your jurisdiction provides otherwise, you agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application for any reason whatsoever.
Halo Collar’s Limited Warranty, Halo Collar’s Limited Warranties are set forth at Warranties and are incorporated herein by reference.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW DISCLAIMER OF WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS UNDER THE HEADING “DISCLAIMER OF WARRANTIES” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
DISCLAIMER OF WARRANTIES
OUR PRODUCTS ARE NOT SUBSTITUTES FOR YOUR RESPONSIBILITIES AS THE OWNER OF YOUR PET. WHILE THE HALO COLLAR IS AN EXTREMELY EFFECTIVE TOOL, YOU – THE OWNER – ARE ULTIMATELY RESPONSIBLE FOR ENSURING THE CONTAINMENT, SAFETY, AND LAWFUL AND HUMANE TREATMENT OF YOUR PET. WE DO NOT GUARANTEE CONTAINMENT OF YOUR ANIMAL OR THAT ANY LOST ANIMAL WILL BE FOUND, AND WE DO NOT PROVIDE ANY CUSTOMER SERVICE FOR THE PURPOSE OF SEARCHING AND/OR RECOVERING YOUR ANIMAL. ALERTS SENT BY HALO TO YOU DO NOT IN ANY WAY OBLIGATE US TO TAKE ANY PROACTIVE OR RESPONSIVE ACTION. IN THE EVENT YOU RECEIVE AN ALERT, WE ARE IN NO WAY RESPONSIBLE FOR THE EMOTIONAL DISTRESS OR REMEDIAL ACTIONS YOU TAKE ON THE BASIS OF THAT INFORMATION. WE ARE NOT RESPONSIBLE IN THE EVENT YOUR PET GETS OUT OF THE CONTAINED AREA OR BECOMES LOST. USING THE HALO COLLAR IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL OR INCONSISTENT WITH THE LAWFUL AND HUMANE TREATMENT OF YOUR PET MAY CAUSE INJURY. YOU ARE RESPONSIBLE FOR MAINTAINING THE FUNCTIONALITY OF ANY PRODUCTS, INCLUDING VIA THE INSTALLATION OF COLLAR AND SYSTEM UPGRADES AS INSTRUCTED, AND WE ARE NOT RESPONSIBLE FOR THE MAINTENANCE OF YOUR HALO COLLAR OR FOR ANY CONSEQUENCES RESULTING FROM A MALFUNCTIONING SYSTEM OR PRODUCT. FURTHERMORE, NO COLLAR, OR FOR THAT MATTER NO FENCE, PHYSICAL OR VIRTUAL, CAN COMPLETELY PREVENT A DOG FROM ESCAPING A CONTAINMENT AREA, OR PREVENT PERSONS OR OBJECTS FROM ENTERING A CONTAINMENT AREA AND HARMING OR TAKING A DOG AND HALO IS NOT RESPONSIBLE FOR SUCH OCCURRENCES. FURTHERMORE, HALO IS NOT RESPONSIBLE FOR HARM, INCLUDING DEATH, THAT MAY OCCUR TO AN INDIVIDUAL OR OTHER ANIMAL THAT ENTERS AN AREA WHERE A DOG OR OTHER PET IS LOCATED. THE HALO FENCE IS NOT A SOLID BARRIER AND WILL NOT WORK AS INTENDED, WITHOUT YOU – THE OWNER – FOLLOWING OUR TRAINING PROGRAM. FURTHER, THE PRODUCTS ARE NOT FOR USE WITH VICIOUS ANIMALS OR GUARD DOGS. IF YOU BELIEVE YOUR DOG MAY POSE A THREAT TO OTHERS, DO NOT USE THIS SYSTEM. HALO IS NOT RESPONSIBLE FOR HARM (PHYSICAL OR PSYCHOLOGICAL), INJURY OR DEATH OF YOUR DOG FOR ANY REASON TO INCLUDE, BUT NOT LIMITED TO, EXCESSIVE ELECTRONIC STIMULATION, INJURY OR DEATH WHILE IN A CONTAINMENT AREA, INJURY OR DEATH OUTSIDE A CONTAINMENT AREA, FAILURE TO LOCATE DOG, THEFT OF YOUR DOG, OR ANIMAL ABUSE. WHILE HALO EMPLOYS INDUSTRY STANDARD TECHNOLOGY AND SYSTEMS MONITORING, IT UTILIZES GPS, CELLULAR. WIFI AND BLUETOOTH NETWORKS THAT ARE NOT WITHIN HALO’S CONTROL. SEE CELLULAR TERMS OF SERVICE AND GPS SECTION IN THESE TERMS.
The Application provides pet training information for general informational and educational purposes only and is not a substitute for professional advice for your specific dog Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. You should only use the Product if you and your dog understand and respond to the steps involved in using the Halo Collar properly. UNLESS APPLICABLE LOCAL LAW IN YOUR JURISDICTION PROVIDES OTHERWISE, THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE APPLICATION IS SOLELY AT YOUR OWN RISK.
The Application may contain testimonials by users of our Products and/or Services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
LIMITATIONS OF LIABILITY
CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS UNDER THE HEADING “LIMITATIONS OF LIABILITY” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT WILL WE OR OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
You agree to defend, indemnify, and hold us harmless, including our respective members, directors, officers, employees and agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Application, Services and Products; (2) breach of these Terms; and (3) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Application or through our Services for the purpose of managing the performance of the Application, Product and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application, Product and Services.
Unless applicable local law in your jurisdiction provides otherwise, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Accessing the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION.
Unless applicable local law in your jurisdiction provides otherwise, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MANDATORY ARBITRATION; CLASS ACTION WAIVER
CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW FOR WAIVERS TO BRING PROCEEDINGS BEFORE A LOCAL COURT OR TO BRING CLASS PROCEEDINGS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS UNDER THE HEADING “MANDATORY ARBITRATION; CLASS ACTION WAIVER” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to or use of the Application, purchase or use of the Products, the Services, your relationship or communications with Halo (including indirect communications through third parties), or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of New York, without regard to principles of conflict of laws. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. If a Dispute arises under this Agreement, you agree to first contact us at email@example.com. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute.
If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at https://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Application, purchase a Product or Service, or submit information through the Application to opt out of this arbitration agreement, by contacting us by email at firstname.lastname@example.org . If you do not opt out by the earliest of the date that you visit the Application or purchase a Product or Service, or submit any information to us, then you are not eligible to opt out of this arbitration agreement
Unless applicable local law in your jurisdiction provides otherwise, these Terms and any policies or operating rules posted by us on the Application or in the Product constitutes the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without your consent. We shall not be deemed in default of these Terms to the extent that performance of our obligations or our attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, pandemics, epidemics, public health emergencies, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond our commercially reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Application. You agree that these Terms will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding the Application, Product or Service, to receive further information regarding use of the Application Product or Services, or to communicate with us or to provide notice to us under these Terms, please contact us at:
Protect Animals With Satellites, LLC
5465 Legacy Drive, Suite 650
Plano, TX 75024
Phone: (US) (214) 712-2270
Halo may provide notices or communications to you on the Application and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
This End User License Agreement (“EULA”) governs the software embedded on User’s Product (“Software”) when you download the Application.
Subject to the terms and conditions in this EULA, Halo hereby grants to you a non- exclusive, non-transferable, limited license to use the Software embedded in the Product. The terms of this EULA will govern any upgrades provided by Halo that replace or supplement the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You may activate the Service by downloading the Application located at the Apple App Store and Google Play.
You agree not to copy, create derivative works, reproduce, modify, or distribute the Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
Additional Terms and Conditions for Apple Users. NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the Application through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Halo, and that Apple Inc. (“Apple”) bears no responsibility for the Application and its content. The license grant under this EULA is a non-transferable license to use the Application on any Apple- branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your use of the Application, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Application or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
The Software is licensed and not sold. You agree that Halo and its licensors retain all right, title, and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties.
Any rights not expressly granted to you are reserved by Halo. Neither this EULA nor any act by Halo pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of Halo, except as expressly provided herein.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws of the US and Canada, (ii) you are solely responsible for ensuring that the Application is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws of the US and Canada, and (iii) you will not re-export or transfer the Application, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, Halo may terminate this EULA at any time upon notice to you and by posting notice on our Application.
Your use of software components together with the Software is subject to the terms of your separate license from Halo. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user.
Halo reserves the right to change the terms and conditions of this EULA by posting a revised EULA in the Application or mailing or emailing notice thereof to you. In addition, Halo may add, modify, or delete any aspect, program, or feature of the Application, although Halo is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Application following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review the EULA found in the Application on a periodic basis.
Halo Collar Subscription Plan
How Consumer Rights Affect the Plan
THE BENEFITS CONFERRED BY THE HALO COLLAR SUBSCRIPTION PLAN (“COLLAR PLAN”) ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER PROTECTION LAWS AND REGULATIONS. THIS COLLAR 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 HALO OF ANY OF ITS CONTRACTUAL OBLIGATIONS. The Collar Plan (governs the services provided by Halo under the Collar Plan program and includes these terms, your Plan Confirmation (“Plan Confirmation”), and the original sales receipt for your Collar Plan. You can only purchase a Collar Plan from Halo and may obtain a copy of your Plan Confirmation by going https://www.halocollar.com/my-account/.
Benefits under this Collar Plan are additional to your rights under applicable laws, the manufacturer’s hardware warranty and any complimentary technical support.
The Collar Plan covers the Halo Collar unit(s) registered to your Collar Plan account.
Collar Plan Overview
The Collar Plan provides access to containment and safety features on the Halo Collar(s) to which the Collar Plan is attached for as long as the subscription is active. Collar Plan coverage begins when you purchase the Collar Plan and continues, until cancelled as set forth in the “Cancellation” Section below, including in the event that Halo Collar is no longer able to provide services under the Collar Plan, in which case Halo will provide you with thirty (30) days’ prior written notice of cancellation, or as otherwise required by law. You have sixty (60) days from the date of your purchase of the Halo Collar to activate the Collar Plan and the Collar Plan will be in effect as of the date of your purchase.
You agree to have the credit card (the “Payment Source”) used for your initial Collar Plan purchase kept on file to automatically charge in advance of the first day of each month following your initial purchase to renew your Collar Plan unless cancelled. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal payment on time, your Subscription Plan coverage will cease from the renewal due date. Halo has the right, but not the obligation, to accept any late payment and allow renewal from the date of late payment.
You can find the price of the Subscription Plan in the My Account section of halocollar.com.
The Collar Plan is available in three tiers: Basic; Silver; and Gold. Each tier provides access to differing features, identification of which may be found at https://www.halocollar.com/plans. Halo may change the features and tiers in its sole discretion.
Early Adopter Unlimited Lifetime Silver Plans
Customers who purchased their Halo Collar before midnight CDT, Sunday August 18, 2021, are awarded an Unlimited Lifetime Silver Plan. Unlimited Lifetime Silver Plan are personal to the original purchaser and cannot be sold, assigned, or otherwise transferred. Any Unlimited Lifetime Silver Plan transferred from the original purchaser may be canceled by Halo without prior notice, and no refund will be given unless otherwise required by law.
A Halo account is required to activate a Collar Plan. The Collar Plan may be selected during the purchase of a Halo Collar from Halo, or after purchase by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the subscription procedures described there.
When you sign up for a Collar Plan (at any time and whether or not you purchased a Halo Collar), you will be given a free trial of your selected Collar Plan for 30 days or until you add your first Halo Collar. Once you add your first Halo Collar to your account, your monthly subscription will be activated and your payment method will be immediately charged for your subscription. At the end of the 30 day trial period, if you have not yet activated your account, you will be automatically charged the first monthly amount and enrolled in the monthly subscription plan that you originally purchased (e.g., Basic, Silver or Gold).
By purchasing a monthly subscription, you agree to an initial and recurring monthly subscription fee at the then-current rate for the selected tier, and you accept responsibility for all recurring charges until you cancel your subscription. You can see the rate for your subscription tier at by logging into your account info page (https://www.halocollar.com/my-account/) or on the plans page (https://www.halocollar.com/plans). You will be billed each month at the plan rate you have selected until you cancel. You may cancel your subscription at any time, subject to the terms of our cancellation policy below.
If you have an Unlimited Lifetime Silver Plan, no ongoing or recurring charges are required. The Unlimited Lifetime Silver Plan may be upgraded to the Gold tier upon your agreement to an initial and recurring monthly subscription fee at the then-current rate for the Gold tier minus a monthly credit of $9.99, provided, however, that at no point shall the monthly cost to upgrade to the Gold tier be reduced below $0.00. If you select to upgrade to the Gold tier, you accept responsibility for all recurring charges until you change your Collar Plan tier. You may change your Collar Plan tier at any time, subject to the terms of the Collar Plan. While a valid Payment Source is not required to be linked to your account in order to participate in the Unlimited Lifetime Silver Plan, a valid Payment Source will be required to upgrade to Gold or to add Halo Care, if you so choose.
Change of Tier
You may change your selected Collar Plan tier at any time from the My Account section at halocollar.com. If you upgrade your Collar Plan tier, your Payment Source will be automatically charged the prorated amount for the remaining days in the current billing cycle. If you downgrade your Collar Plan tier, your account will be credited for the prorated amount for the remaining days in the current billing cycle; credits will be applied towards your next bill.
Halo will continue to automatically process your monthly subscription fee or upgrade fee, as applicable, each month at the then-current rate until you cancel your subscription. We explain how to cancel your monthly subscription below at the “Cancellation” Section.
UNLESS YOU CANCEL YOUR MONTHLY COLLAR PLAN BEFORE A CHARGE IS MADE, YOU UNDERSTAND YOUR COLLAR PLAN WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HALO (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MONTHLY SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. CANCELLATION OF YOUR BASIC, SILVER OR GOLD COLLAR PLAN DOES NOT AUTOMATICALLY CANCEL YOUR HALO CARE SUBSCRIPTION PLAN, AND CANCELLATION OF HALO CARE DOES NOT AUTOMATICALLY CANCEL YOUR BASIC, SILVER OR GOLD COLLAR PLAN. YOU MUST CANCEL THESE PLANS INDEPENDENTLY.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, Halo reserves the right to cancel your Subscription. If you provide us with a new payment method and are successfully charged before your Subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge. Halo reserves the right to attempt to charge any payment method we or have on record for you multiple times in order to affect a payment, including after a start of the next monthly period.
Your Cancellation Rights
Regardless of your method of purchase, you may cancel this Collar Plan at any time for any reason. You may cancel by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there.
Unless local law provides otherwise, cancellation will be deferred until midnight on the last day of the month for which your last monthly payment was paid, and no cancellation refund will be provided. Your failure to timely and fully make any monthly payment will be deemed an expression of your intent to cancel your Collar Plan.
If your cancellation notice is not received at least seven (7) days before the beginning of the next monthly period, you may be charged for the next monthly period. In such cases, unless local law provides otherwise, cancellation will be deferred until midnight on the last day of the next month and no cancellation refund will be provided.
Halo’s Cancellation Rights
If your Payment Source cannot be charged for any reason for amounts due, including the subscription fee, and you have not otherwise made the appropriate payment by the applicable due date, your Plan may be cancelled for nonpayment and your Collar Plan coverage will cease from the due date.
Additionally, unless applicable local law provides otherwise, Halo may cancel your Collar Plan for fraud or material misrepresentation, for failure to pay any fees owed under the Subscription Plan, or, upon thirty (30) days’ prior written notice, Halo’s discontinuation of services under the Collar Plan.
Effect of Cancellation
Upon the effective date of cancellation, Halo future obligations under this Collar Plan to you are fully extinguished. If the Collar Plan is cancelled, any established Halo Fence will continue to operate. However, you will no longer be able to create new fences, edit existing fences, track your dog’s location, or receive real-time status updates for the Halo Collar.
Halo Protection Plan Terms and Conditions
The Halo Protection Plan (“Protection Plan”) is automatically available to you at no monthly fee once you subscribe to a Collar Plan. The Protection Plan is identical to the Halo Care Plan (“Care Plan”) and subject to the same terms and conditions except that the price charged to you for a replacement Halo Collar will be different and does not include any discounts provided to subscribers of the Care Plan
Halo Care Terms & Conditions
How Consumer Rights Affect the Plan
THE BENEFITS CONFERRED BY THE PROGRAM (DEFINED BELOW) ARE IN ADDITION TO ANY WARRANTIES OR SERVICE PROGRAMS FOR YOUR PRODUCT, ANY CUSTOMER SUPPORT, OR THE RIGHTS AFFORDED TO CONSUMERS BY APPLICABLE LAW. THIS PROGRAM DOES NOT WARRANT, SERVICE, INSURE, OR MAINTAIN YOUR PRODUCT.
The Care Plan
This contract governs the services provided by Protect Animals With Satellites LLC (“PAWS”) under the Halo Care program (the “Program”). You may obtain a copy of your purchase confirmation by going to https://www.halocollar.com/my-account/.
This Program permits you to purchase a new Halo® collar unit to take the place of your previously purchased Halo® collar unit one time at the then-current discounted price for any reason pursuant to the terms of this contract (the “Collar”). For purposes of clarity, the Collar is the collar unit bearing a QR code and serial number registered for the Program. Supplemental parts such as the protective case, strap, charger, USB cable, beacon and any accessories, whether or not purchased at the same time, are not included in the Program. Please retain all parts and accessories to be used with your new Collar.
Your subscription to the Program begins when you purchase the Program and continues until cancelled as set forth in the “Cancellation” Section 7 below. You may subscribe to the Program only during the first sixty (60) days after your initial activation of the Collar as determined by PAWS in its sole discretion.
You agree to have the credit card (the “Payment Source”) used for your initial Program purchase kept on file to automatically charge in advance of the first day of each month following your initial purchase to renew your Program unless cancelled pursuant to the terms of this contract. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal payment on time, your Program subscription will cease from the applicable renewal due date. PAWS has the right, but not the obligation, to accept any late payment and allow renewal from the date of late payment.
You can find the price of the Program on the original sales receipt. It is also available in the My Account section at: https://www.halocollar.com/my-account/.
Purchase of New Collar under the Program
Upon submitting your request for a new Collar in the Halo Care section of My Account at https://www.halocollar.com/my-account/, a Collar unit will be entered into the system to be shipped to you. You have the option of having your existing Collar immediately deactivated or it will automatically be deactivated in two weeks if you wish to continue to use the old Collar (in which case you will continue to be billed for the old Collar unit until it is deactivated). The terms and conditions of the warranty for the new Collar are found at the Halo Collar website: Subscriptions Terms & Conditions.
Please note that once a collar is deactivated as part of a Halo Care 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. You should not return the old Collar to PAWS.
All new Collars provided under this Program will be functionally equivalent to the original product. For example, if the line of Collar product offerings has changed, PAWS, in its sole discretion, will send you the replacement Collar product that is most similar to your old Collar that you subscribed to the Program. If you have selected to auto-enroll into the Program, your new Collar will be enrolled in the Program at the then-current rate. Whether or not you have selected auto-enroll, it is your responsibility to ensure that the replacement unit is enrolled in Halo Care within 60 days of activation.
For the new Collar, you will pay a discounted price of $149 (the “Cost”) and applicable taxes and shipping charges, which you shall pay in advance at the time of requesting your Collar under the Program. PAWS may change the Cost upon 30 days written notice.
The Program is limited to the fifty states of the United States, the District of Columbia, and Canada [except for Québec] and is void in all other places and where prohibited by law.
How to Purchase New Collar under the Plan?
Log into the My Account section at https://www.halocollar.com/my-account/ for instructions on purchasing the new Collar.
Limitation of Liability and Warranty
CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS UNDER THE HEADING “LIMITATION OF LIABILITY AND WARRANTY” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTECT ANIMALS WITH SATELLITES LLC AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COLLAR 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’S OBLIGATIONS UNDER THIS PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF PAWS AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PROGRAM SHALL NOT EXCEED THE PRICE ACTUALLY PAID UNDER THIS PROGRAM OVER THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. PAWS SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO SUPPLY OR DELIVER THE COLLAR 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 PROGRAM 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’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COLLAR 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 provides the Program on an “AS IS” and “AS AVAILABLE” basis. Other than as expressly provided in writing by PAWS in connection with your purchase of a Collar, to the extent permitted by law, PAWS 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 makes no representations or warranties:
- That the Halo Care Program is or will be permitted in your jurisdiction;
- That the Halo Care Program and its services will be uninterrupted or error-free;
- That the Halo Care Program will meet your personal or professional needs;
- That PAWS will continue to support any particular feature of the Halo Care Program; or
- Concerning sites and resources outside of the Halo Care Program, even if linked to by PAWS.
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 PROGRAM, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Monthly Halo Care Subscription
By purchasing a monthly Program subscription, you agree to an initial and recurring monthly subscription fee at the then-current rate, and you accept responsibility for all recurring charges until you cancel your subscription. You can see the rate for your subscription tier by logging into your account info page (https://www.halocollar.com/my-account/) or by visiting the Plans page (https://www.halocollar.com/protection-plans/). You will be billed each month at your plan rate until you cancel. You may cancel your subscription at any time, subject to the terms of our cancellation policy at Section 7.
PAWS will continue to automatically process your monthly Program subscription fee each month at the then-current rate until you cancel your subscription. We explain how to cancel your monthly subscription below at the “Cancellation” Section 7.
UNLESS YOU CANCEL YOUR MONTHLY SUBSCRIPTION BEFORE A CHARGE IS MADE, YOU UNDERSTAND YOUR PROGRAM SUBSCRIPTION PROGRAM WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE PAWS OR ITS AFFILIATES (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE OR OUR AFFILIATES HAVE ON RECORD FOR YOU. CANCELLATION OF THE PROGRAM DOES NOT AUTOMATICALLY CANCEL YOUR HALO BASIC, SILVER OR GOLD SUBSCRIPTION AND CANCELLATION OF YOUR BASIC, SILVER OR GOLD SUBSCRIPTION DOES NOT AUTOMATICALLY CANCEL YOUR PROGRAM SUBSCRIPTION. YOU MUST CANCEL THESE PROGRAMS INDEPENDENTLY.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, PAWS and its affiliates reserve the right to cancel your subscription. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge. PAWS reserves the right to attempt to charge any payment method we or our affiliates have on record for you multiple times in order to affect a payment, including after a start of the next monthly period.
Except where required by local law, the Program may not be transferred or assigned to a third-party. Any transfer or assignment from the original purchaser may be canceled by PAWS without prior notice, and no refund will be given unless otherwise required by law. The Program covers one (1) specific Collar with unique serial numbers and cannot be transferred between similar units not covered by the Program.
Your Cancellation Rights
Regardless of your method of purchase, you may cancel this Program at any time for any reason. You may cancel by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there.
Unless local law requires otherwise, cancellation will be deferred until midnight on the last day of the month for which your last monthly payment was paid and no cancellation refund will be provided, even in the case of a return of the Collar. PAWS, in its sole discretion may deem your failure to timely and fully make any monthly payment as an expression of your intent to cancel your Program.
If your cancellation notice is not received at least seven (7) days before the beginning of the next monthly period, you may be charged for the next monthly period. In such cases, unless local law provides otherwise, cancellation will be deferred until midnight on the last day of the next month and no cancellation refund will be provided.
PAWS’s Cancellation Rights
If your Payment Source cannot be charged for any reason for amounts due, including the subscription fee, and you have not otherwise made the appropriate payment by the applicable due date, your Program subscription may be cancelled for nonpayment and your Program subscription will cease from the due date.
Additionally, unless applicable local law provides otherwise, PAWS may cancel this Program for fraud or material misrepresentation, or if the Collar product or its parts are no longer reasonably available, upon thirty (30) days’ prior written notice. If local law permits and PAWS cancels this Program for the unavailability of units, you will receive a pro-rata refund for prepaid subscription fee applicable to the relevant month (for example, if Program is cancelled on June 15, the refund would provide a pro rata amount for the prepaid remainder of the month, namely, June 16-30).
Effect of Cancellation
Upon the effective date of cancellation, PAWS’s obligations under this Program to you are fully extinguished.
(a) PAWS 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 is not responsible for any failures or delays in performing under the Program that are due to events outside of PAWS’s reasonable control.
(c) This Program may not be available in all jurisdictions and is not available where prohibited by law.
(d) In carrying out its obligations PAWS may, solely for the purposes of monitoring the quality of PAWS’s response, record part or all of the calls between you and PAWS.
(f) The terms of the Program shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and PAWS’s entire understanding with respect to the Program.
(g) The Program will renew automatically, unless cancelled, at the then-current subscription fee rate.
(h) There is no informal dispute settlement process available under this Program.
(i) This agreement and all related documents, and all matters arising out of or relating to the Program, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Texas, United States of America (including [its statutes of limitations, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Texas). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
(j) It is the express wish of the parties hereto that the terms of the Program and all related documents, including notices and other communications, be drawn up only in English. La volonté expresse des parties aux présentes est que les présentes modalités et tous les documents s’y rattachant, y compris les avis et les autres communications, ne soient rédigés qu’en anglais.
(k) Support services under this Program may be available in English only.
(l) 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 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. PAWS’s rights and remedies hereunder are cumulative and not exclusive.
PAWS may update these terms at any time, in its sole discretion. If PAWS 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 PAWS’s website. Modifications will be effective on the date that they are posted to the PAWS’s website. It’s important that you review the terms whenever they are updated. If you continue to use the Halo Program after the posting of updated terms, you are agreeing to be bound by the updated terms. Because the Halo Program is evolving over time, PAWS may change or discontinue all or any part of the Halo Program, at any time and without notice, at its sole discretion.
If you are not completely satisfied with your purchase for any reason (excluding animal-induced or customer-induced damage) during your first 60 days after you receive your originally purchased collar, you may return it to us according to the terms and fees outlined below. All returns must be in working condition. Returns with signs of wear or use are limited per the terms outlined below.
REFUNDS BEFORE YOUR COLLAR HAS SHIPPED:
You are able to cancel your purchase and receive a full refund up until the earlier of your order being processed for shipment or 6:30 pm ET on the same day that you placed your order. To do this, please visit our billing dashboard enter the email address you used to place the order, as well as the last 4 digits of the credit card used to place the order. You will receive an email to access your order information and place a refund request with us. Once we have verified that your order has not been processed for shipment, we will process your refund within 7-10 business days.
RETURNS AFTER YOUR COLLAR HAS SHIPPED:
To be eligible under this policy, all items must have been purchased through www.halocollar.com, not have been damaged or broken, and require a Return Merchandise Authorization (RMA) before return. All returns must be postmarked within sixty (60) days of receipt of your original Halo Collar. Upon receipt with an approved RMA and inspection of your approved return your return request will be evaluated by a Halo team member who may also request your assistance for trouble shooting any reported issue. Once your return request has been approved your purchase price will be refunded less a $25 shipping and handling fee (plus tax). Purchases not from www.halocollar.com do not qualify for this policy, and any returns must be submitted to the authorized reseller in accordance with the terms and conditions of such reseller’s return policy.
How to request an RMA
Please log-in to your Account Info Page where you can see return eligible purchases and begin the RMA process. Once your request is received, it will be reviewed by our Customer Service team. If your request is approved and all information necessary to process your return is confirmed, an RMA number, return shipping instructions, and a prepaid label will be provided to you by Halo via email. Please allow 2-3 business days for the RMA to be issued. We are not responsible for returned goods sent without an RMA.
|RETURN SITUATION |
(within 60 days of purchase):
|RETURN FEES (upon receipt by Halo)|
|NEW, Unopened Box (shipping seal intact) or Open Box (unused with all original packaging, accessories and documentation included)||For unused items with all tags and parts included in original condition, you will receive a full refund and there is no $25 return shipping and handling fee. Unused also requires that the Halo Collar has never been added to or activated on an account.|
|Open Box/Lightly Used (with original packaging with all accessories)||For fully working unit with only minor signs of use (has no tears, dents, or animal bite marks, speaker is not dented, the carabiners are intact and dirt flap in place). In this condition, there will be a $25 fee (+ Sales Tax, where applicable) per Halo Collar deducted from your return, which includes return shipping and handling fees.|
|Used but working unit / May be missing accessories*||For fully working unit that is not broken (may have some scratches and marks on rubber coating, speaker may be dented, dirt flap may be missing or torn, and there are no punctures or tears that penetrate to the electronics), there will be a Fee of $25 (+ Sales Tax, where applicable) per Halo Collar deducted from your return which includes return shipping and handling fees.|
*Missing accessories are limited to: protective case, collar strap, contact tips, Halo Beacon included in your Halo Kit, wall charger and USB-C charging cable. If any additional parts are missing or if the Halo Collar unit itself has been damaged, please contact us directly to determine eligibility for return within 60 days of purchase.
PAWS, LLC is the sole determinant of whether or not a collar has been used and/or damaged and is eligible to be returned for refund.
After receiving your approved return at our warehouse and inspecting the condition of your item, we will process your return. You will be credited for your purchase price less the return fee specified. Please allow at least 7-10 days from the receipt of your item for us to process your return or exchange. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email when your return has been processed. We can only provide refunds via the payment method that was used for the purchase.
The following items cannot be returned or exchanged:
- Customer-damaged goods or altered goods
- Animal-damaged goods, for example, showing bite marks, dents, rips or tears that penetrate the outer casing
- Products showing excessive wear and tear
- For product defects or other warranty claims, please see the warranty section.
- Accessories such as additional straps, beacons, etc.
- Shipping fees paid at time of purchase are not refundable
This is a “Limited Warranty” which gives you specific legal rights. You may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion under this Limited Warranty may not apply to you. Please keep your dated sales receipt; it is required for all warranty requests.
WHAT THE WARRANTY COVERS:
For new (not refurbished) Product purchases directly from www.halocollar.com or an authorized reseller, and for a period of one (1) year from the date of purchase as shown on your receipt for your original Halo Collar unit, Halo will, at its sole option, repair or replace any Products that malfunction due to defective parts or workmanship at no charge to you. This warranty is not transferable and applies only to the original consumer purchaser. Halo may, in its sole discretion, make any repair or replacement with new or refurbished Products or components. If the Product or component requiring repair or replacement is no longer available, Halo may, in its sole discretion, replace such Product with a similar product of similar function. In all repair or replacement circumstances, the warranty is only valid for one (1) year from the initial date of new product purchase.
For refurbished Product purchases directly from www.halocollar.com, and for a period of one (1) year from the date of purchase as shown on your receipt for your refurbished Halo Collar unit, Halo will, at its sole option, repair or replace any Products that malfunction due to defective parts or workmanship at no charge to you. This warranty is not transferable and applies only to the original consumer purchaser. Halo may, in its sole discretion, make any repair or replacement with new or refurbished Products or components. If the Product or component requiring repair or replacement is no longer available, Halo may, in its sole discretion, replace such Product with a similar product of similar function. In all repair or replacement circumstances, the warranty is only valid for one (1) year from the initial date of refurbished product purchase.
WHAT THE WARRANTY DOES NOT COVER (EXCLUSIONS):
Purchases from an unauthorized reseller are not eligible for warranty coverage and the warranty is non-transferable.
Supplemental parts such as protective cases, straps, charging cords/blocks, beacons, USB cable and any accessories, whether or not purchased at the same time etc. are not covered under the warranty.
Repair service, damage due to misuse, abuse, negligence or casualty (e.g., fire), acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), general wear and tear, and consumable parts (including batteries except where the original integrated batteries hold an electrical charge less than eighty percent (80%) of its original specifications as reasonably determined by Halo) are not covered by this warranty. Additionally, dog or other animal induced damage such as rips, bite marks, chewing, dents and tears are also not covered. Any attempt to open or otherwise disassemble the Halo Collar that compromises the waterproof seal as well as damage from unauthorized service or modification of the Product or of any furnished component will void this warranty in its entirety. This warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. In addition, this warranty does not cover any losses, injuries to persons, injuries to pets, loss of pets, loss of property or general damages. This warranty does not apply to any products purchased from third-party sellers on eBay and other online marketplaces. We strongly suggest that you do not buy Products from any unauthorized sellers, as such products may be used, defective, counterfeit or may not be designed for use in your country. This warranty covers only Products and is not extended to other equipment, components, or devices that a customer uses in conjunction with our Products.
LIMITED LIFETIME/EXTENDED WARRANTY COVERAGE
For purchases from www.halocollar.com before December 15, 2020:
If you purchased your Halo Collar on or before December 15, 2020, you were part of the Premier Pack/Early Adopters and as such, for as long as you continuously maintain your paid Subscription Plan to your Premier Pack/Early Adopter Silver or Gold plan, your warranty is extended. This extends the coverage described above (subject to the EXCLUSIONS outlined above).
For purchases from www.halocollar.com after December 15, 2020 and through March 31, 2021:
If you purchased your Halo Collar after December 15, 2020 and through March 31, 2021, your warranty is extended for as long as you continuously maintain your paid Subscription Plan to a Silver or Gold plan. This extends the coverage described above (subject to the EXCLUSIONS outlined above).
For purchases after March 31, 2021 and through December 7, 2022
For purchases from www.halocollar.com or any authorized retailer after March 31, 2021 and through December 7, 2022, there is only the 12-month term, limited warranty from the date of activation of your collar.
For purchases after December 7, 2022
For purchases from www.halocollar.com or any authorized retailer after December 7, 2022, there is a 12-month term, limited warranty from the date of activation of each collar. If you enroll in a subscription plan at the Silver or Gold subscription plan level prior to the end of each collar’s 12-month term and then continuously maintain your subscription at the Silver or Gold level, your warranty is extended for as long as you maintain your paid Subscription Plan at the Silver or Gold plan level for each collar. In all circumstances beyond the 12-month term you must currently be on the continuously maintained Silver or Gold Plan to submit a warranty claim.
To review your eligibility benefit for the above limited warranty, please log-in to the Account Info page. Please note that ALL Warranty claims require a return merchandise authorization number (“RMA”) from Customer Service before being sent in to us. Claims sent without an RMA will be refused and your collars will not be returned.
For warranty requests: Please be prepared to (i) describe why the Product needs service and the nature of the problem, (ii) provide proof of purchase from Halo or an authorized reseller and (iii) work with a Halo team member in order to troubleshoot any reported issue. . You will also be required to return your existing device in accordance with directions that will be provided by Halo. Halo has no warranty obligations with respect to any products that are excluded from warranty pursuant to the EXCLUSIONS outlined in above, as reasonably determined by Halo, and the owner of such device shall bear all shipping costs for the return of such product to owner. Any claim under this Limited Warranty must be submitted to Halo before the end of the warranty period described above. Please allow up to ten (10) business days for your warranty request to be processed.
Advanced Shipping of a Warranty Claim: Halo provides an option for advance shipping of your Replacement unit. If you select this option during the RMA process in the Account Info section, you will be have a replacement unit shipped to you before we receive your returned device. Upon reviewing your claim and, if it is approved, we will issue an RMA for you to return the defective unit(s) and provide instructions on how to return them. If your claim is deemed to be invalid upon our receipt of the unit(s) or we do not receive the unit(s) within 30 days after your replacement claim is approved, you will be billed USD$299.00 for each unit that is not returned or was deemed invalid. Invalid RMA requests will not be returned.
YOU AGREE TO NOT RETURN THE HALO COLLAR FOR A WARRANTY CLAIM WITHOUT CONTACTING US AND RECEIVING A WARRANTY RMA. HALO IS NOT RESPONSIBLE FOR ITEMS RETURNED WITHOUT AN RMA.