HALO COLLAR ONE YEAR NON-TRANSFERABLE WARRANTY
Last updated 3/24/2021
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. Any dispute or controversy regarding this Limited Warranty arising from your use of your PAWS products will be resolved by final and binding bilateral arbitration in accordance with the “Dispute Resolution” Section 5, below.
WHAT THE WARRANTY COVERS
For new (not refurbished) product purchases directly from www.halocollar.com or an authorized retailer, and for a period of one (1) year from the date of purchase as shown on your receipt for your original Halo Collar unit, PAWS LLC (“PAWS”) will, at its sole option, repair or replace any PAWS 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. PAWS 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, PAWS 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, the warranty on the refurbished unit will be good for the greater period of one (1) year from the original initial new product purchase date (if applicable) or 6 months from the date of purchase of the refurbished unit.
WHAT THE WARRANTY DOES NOT COVER (EXCLUSIONS):
Purchases from an unauthorized seller are not eligible for warranty coverage and the warranty is non-transferable.
Accessories such as straps, charging cords/blocks, beacons, 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 PAWS LLC) 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 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 PAWS 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 PAWS products and is not extended to other equipment, components, or devices that a customer uses in conjunction with our products. PAWS’ maximum liability under this warranty is limited to the original purchase price of the PAWS product in question. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY OR THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF PAWS LLC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REPAIR OR REPLACEMENT SHALL BE THE SOLE REMEDY OF THE CUSTOMER AND THERE SHALL BE NO LIABILITY ON THE PART OF PAWS LLC FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS OR PROFITS, WHETHER OR NOT FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
This limited warranty gives you specific rights. You may have additional rights under applicable law, and this limited warranty does not affect such rights.
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 to your Premier Pack/Early Adopter Silver or Gold plan, your warranty is extended. This extends the coverage described in Section 1 subject to the limitations of Section 2, 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 (before April 1, 2021), your warranty is extended for as long as you continuously maintain your paid subscription to a Silver or Gold plan. This extends the coverage described in Section 1 subject to the limitations of Section 2, above .
For purchases after March 31, 2021:
For purchases from www.halocollar.com or any authorized retailer after XX date, there is only the 12-month term, limited warranty.
To obtain the benefit of the above limited warranty, please contact us via our Warranty Portal. 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.
For warranty requests: Please be prepared to (i) describe why the product needs service and the nature of the problem, and (ii) provide proof of purchase and photographs of the current condition of your Halo Collar. You will also be required to return your existing device in accordance with directions that will be provided by PAWS. PAWS has no warranty obligations with respect to any products that are excluded from warranty pursuant to the EXCLUSIONS outlined in Section 2 above, as reasonably determined by PAWS, 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 PAWS before the end of the warranty period described above. Please allow up to fourteen (14) business days for your warranty request to be processed.
DO NOT RETURN THE COLLAR FOR A WARRANTY CLAIM WITHOUT CONTACTING US AND RECEIVING A WARRANTY RMA.
ALL DISPUTES BETWEEN YOU AND PAWS ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND PAWS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to “PAWS” means Protect Animals With Satellites LLC (dba PAWS), its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the product or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify PAWS in writing at least 30 days in advance of initiating the arbitration by sending a letter to PAWS at PAWS, LLC 7950 Legacy Dr Plano, TX, 75024-4110. You and PAWS agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and PAWS are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day period after sending written notice to PAWS, you and PAWS agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt out as provided below. Any dispute between you and PAWS shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. More specifically, without limitation of the foregoing, any dispute between you and PAWS shall not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or PAWS must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to PAWS at PAWS, LLC 7950 Legacy Dr Plano, TX, 75024-4110. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Governing Law. The law of the state of Texas shall govern this Limited Warranty and any disputes between us except to the extent that such law is preempted by or inconsistent with applicable federal law.
Fees/Costs. The payment of these fees will be governed by the AAA Rules. The arbitration rules also permit the prevailing party to recover attorney’s fees in certain cases. Additionally, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would.
Hearings and Location. The right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within Plano, Texas, unless we both agree to another location or we agree to a telephonic arbitration.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor PAWS can require the other to participate in an arbitration proceeding. To opt out, you must send notice to PAWS no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to firstname.lastname@example.org, with the subject line: “Arbitration Opt Out” or (ii) calling customer support at (214) 712-2270. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the serial number of the product. You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions of the arbitration provision described above.