CARSON&BEAR
PRIMARY USER AND ACCESS AGREEMENT
1. ACCEPTANCE
When “you” are referred to in this document, we refer to you as the person providing a username, password, designated email address and other information that we request as part of creating a user account. We will use the email address you designated as your primary email and address you provide as your designated primary mailing address.
You accept the provisions of this Primary User and Access Agreement (the “Primary Terms”) by clicking on the “I AGREE” tab and further, each and every time you use of access any Service (as defined herein).
The Primary Terms incorporate and include the following agreements, each of which is incorporated herein (“Ancillary Agreements”): (i) the terms in this document, (iii) the Privacy and Information Use Policy, (iv) disclaimers provided by us, and (v) the other agreements you are requested to approve, from time to time, in pop-up windows or web pages by us. The Primary Terms and Ancillary Agreements which apply to you are referred to as the “Agreement Library.” Thus, you are accepting the entire Agreement Library.
HOWEVER, YOU MUST DECLINE TO ACCEPT THE AGREEMENT LIBRARY (AND THEREFORE DO NOT ACCESS OR USE OF THE WEBSITE, APP OR PORTABLE APP) IF YOU ARE NOT OF LAWFUL AGE, OR DO NOT POSSESS THE MENTAL CAPACITY TO CONTRACT OR ARE NOT WILLING TO BE BOUND BY ALL OF THESE PRIMARY TERMS HEREIN.
CARSON&BEAR DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE SERVICES UNLESS YOU ARE LEGALLY ABLE TO BE BOUND AND DO BIND YOURSELF TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
“Use” includes any access, use, or installation of the Services.
Unless otherwise indicated, the Agreement Library applies to (i) your use of and/or access to the CarsonandBearPets.com website and/or other domains or websites (collectively, “Website”) which are owned or operated by BearCarson LLC, a Texas Limited Liability company d/b/a Carson&Bear or its affiliates (collectively, “Carson&Bear”, “we,” “us,” or “our”), including any portions thereof available only to subscribers, and (ii) your use of and/or access to the smart phone or tablet applications which we may own or operate currently or in the future (collectively, the “Portable App”), (iii) any other computer based applications we offer (“App”), (iv) the Tailscore App, (v) the Nutrition Clinic App, and (vi) your use of and or access to any content or information through any other online, tablet or mobile-enabled technology, digital tools and other services and products provided by us (“Other Access”). Items (i)-(vi) shall be, collectively, referred to as the “Services.” The interaction between you and the Services is referred to as the User Experience.
The Services include the tiers of free, temporary, standard and premium membership levels described herein.
“Affiliates” means any entity or person which (i) is an agent of Carson&Bear, (iii) a subsidiary or series of Carson&Bear, (iii) has the same corporate parent company, (iii) owns a controlling interest in or is under common ownership control with, Carson&Bear, (iv) a person whose acts, omissions or negligence, under applicable law, is legally charged to or against Carson&Bear or (v) a Vendor Partner. A Vendor Partner is an independent third-party who has entered into a contractual relationship with Carson&Bear to provide one or more services or goods to Carson&Bear users. We may refer to Vendor Partners in one or more ways as ‘partners’ and this reference (y) means only that such vendor is an affiliate under (v), above, and (z) does not mean that a legal partnership, joint-venture or unincorporated association exists between us and the Vendor Partner.
WE MAY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE, IF YOU DO NOT ABIDE BY THE AGREEMENT LIBRARY.
2. THIS IS A BINDING AGREEMENT
A. Primary Terms and Agreement Library. You promise to be and are bound by these Primary Terms and the Agreement Library. Your signature is sufficient to bind you, but it is not required. Your actions in using the Services are -without any other action- sufficient to bind you.
B. Changes to Primary Terms. Further, Carson&Bear may, from time to time and successively, modify, supplement or remove portions of the Agreement Library (“Additional Terms”). Any Additional Terms are binding upon you when the Additional Terms are posted by Carson&Bear on the Website, the App and the Portable App, or following the notice period stated in an email sent to your email account with the Additional Terms (using the email address you have reported to Carson&Bear as your primary email). We may provide the Additional Terms, in part, through a link. Your continued use, after the posted effective date for the Additional Terms, of any of the Services shall conclusively be deemed your agreement to the Additional Terms. We may make Additional Terms based solely upon our discretion.
C. Changes to Services. We make no promise or warranty that any platform, function, Service, price, data, information, rating, calculation, benefit or any other benefit we provide will continue to be offered. At any time and without notice or liability to you, we may change, alter, terminate, limit or discontinue any portion, function, benefit or component of the Website, App, Portable App, Tailscore App, Nutrition Clinic App, Services or User Experience, including, but not limited to, (i) restricting processing, access and Service times or the User Experience, (ii) limiting use, (iii) limiting, suspending or terminating any user’s right to use or use of the Services or User Experience, and (iv) changing any feature or functionality provided by or through the Services or Use Experience. You agree that any termination or cancellation of your access to, or use of, the Services or User Experience may be made without prior notice to you. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services and the User Experience.
In addition to any other rights we have to terminate your access, account and information, without any prior notice of intention to terminate your account Carson&Bear may suspend, limit or terminate your membership tier level, access, account and/or information should you violate state or federal law related to (i) Carson&Bear or our Affiliates, (ii) hacking, (iii) theft, (iv) crimes in which you used of the web, email, text messages, social media applications or other electronic accounts, and (v) animal abuse or family violence.
D. Downloading Software. You may download or acquire the App, Portable App, Tailscore App, Nutrition Clinic App, and/or Other Access from a distributor, an applications store or applications distribution platform, such as the Apple Portable App Store, Microsoft Store or Google Play, (the “App Distributor”).
THE AGREEMENTS OR WARRANTIES THAT YOU HAVE WITH THE APP DISTRIBUTOR ARE NOT CONTRACTS OR WARRANTIES BETWEEN YOU AND CARSON&BEAR. NEVERTHELESS, THE APP DISTRIBUTOR IS A THIRD PARTY WHO CAN ENFORCE AGAINST YOU ANY PROVISIONS BENEFITTING SUCH APP DISTRIBUTOR HEREIN.
CARSON&BEAR IS NOT RESPONSIBLE FOR ANY INTERACTION, SECURITY, ACTION OR INACTION BY YOU OR THE APP DISTRIBUTOR AS TO CARSON&BEAR’S WEBSITE, APP. PORTABLE APP, SERVICES AND/OR USER EXPERIENCE. OUR AGREEMENTS WITH YOU DO NOT BIND THE APP DISTRIBUTOR.
You agree to follow Carson&Bear’s instructions on use of its helpdesk services as opposed to the App Distributor’s helpdesk services.
You agree to solely bring against Carson&Bear complaints and claims related to the actual operation or maintenance of the Website, App, Portable App, Tailscore App, Nutrition Clinic App and Other Access. including claims for products liability, infringement, other injury or harm or under any consumer protection statutes or regulations. You will not bring such claims against the App Distributor.
3. YOUR OBLIGATIONS USING THE SERVICES AND USER EXPERIENCE.
You must exercise prudence, care and good judgment in using the Services and User Experience. You are prohibited from violating, or attempting to violate, any security protections related to the Services and User Experience, including accessing code, modifying code or executables, submitting code or applications or software containing viruses, worms or any other type of malware. Any such violations may result in criminal and/or civil penalties against you. Carson&Bear will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations and provide any information we believe to be helpful or requested by the law enforcement agency, including your private date or information.
4. FREE AND PAID SUBSCRIPTIONS
We may offer free and paid Services each with differing uses, benefits and functionality based on the subscription level.
A. Open Access. We maintain a public website at carsonandbearpets.com which allows unregistered users to view the website.
B. Free Trial. We offer a 10-day Free Trial to access the Free Trial Services which may also be described as the Free Trial membership tier.
Free Trial access includes only the following:
|
Component of Services |
Free Trial |
|
Nutrition Clinic™ App |
YES |
|
TailScore™ App (limited features) |
YES |
|
User Experience with Nutrition Clinic™ App and Tailscore™ App (limited features) |
YES |
|
Store |
YES |
|
Subscription Box Shipment |
NO |
|
Nutrition Clinic™ Web Version |
NO |
|
TailScore™ App (full feature) |
NO |
|
LifePromise™ |
NO |
|
Discounted Initial Vet Visit |
NO |
|
Free Second Vet Visit |
NO |
|
Nutrition Consulting |
NO |
|
Medical Veterinary Advice |
NO |
|
Pet Health Insurance |
NO |
In order to receive/enroll in a Free Trial, you must accept the Agreement Library, a valid user account and also provide us with a valid credit card number in your name and with information about you to be stored with Carson&Bear for making authorized charges. We will provide you with access to the Free Trial Services for the 10 days beginning on the day you subscribe by accepting the Agreement Library. The 10 days are not 24-hour days but calendar days ending at 11:59.59 on the 10th day. Day “1” occurs on the day you subscribe.
On the 11th day following your subscribing to the Free Trial, we will charge you the Applicable Fee and upgrade your membership tier to Standard Service.
|
Periodic Payments |
Applicable Monthly Fee based on canine weight (Subscription Fee Initial and on Renewal) |
|
Quarterly Fee Charged in Monthly Installments |
$75USD monthly (up to 20 lbs) $85 USD monthly (21lbs to 50 lbs) $95 USD monthly (51 lbs and over) |
|
Annually Charged in Monthly Installments |
$75USD monthly (up to 20 lbs) $85 USD monthly (21lbs to 50 lbs) $95 USD monthly (51 lbs and over) |
To prevent the conversion of your membership tier from Free Trial to Standard Service, you must cancel the Free Trial during the initial 10-day period. If you do not cancel the Free Trial, we will charge you for the Standard Services and convert your membership tier to Standard Service.
You may not claim successive Free Trial periods.
In addition, Carson&Bear does limit the number of Free Trials any user may claim.
Multiple Free Trial Requests may be treated by Carson&Bear as the same user based upon common information between the users.
Carson&Bear may refuse to do business with any user for any lawful reason without notice to such user.
Free Trials are not 100% free during the initial 10 day period to any user because (1) every user must have a connection or data provider to even be in contact with us or obtain access to the website, app, Portable App, Tailscore App, Nutrition Clinic App, Other Access, User Experience or Services, and (2) users who only access Free Trial may still accrue or have liability to Carson&Bear under this Agreement if the user (or any party for whom the user is an agent) breaches any of these Primary Terms.
C. Standard Services. Standard Service (also called “Standard Services” and referred to as “Standard” membership tier) is not free. It is a fee-for-subscription which charges you upon initiation of your subscription and thereafter on each anniversary thereof. You must cancel to prevent the automatic renewals. Standard Service offers greater access for content and functionality than Free Service.
The Standard Service offers a subscribing user the following:
|
Component of Services |
Standard Service |
|
Nutrition Clinic™ App |
YES |
|
TailScore™ App (full features) |
YES |
|
User Experience with Nutrition Clinic™ App and Tailscore™ App |
YES |
|
Store |
YES |
|
Subscription Box Shipment |
YES |
|
Nutrition Clinic™ Web Version |
YES |
|
TailScore™ App (full feature) |
YES |
|
LifePromise™ for your Registered Pet |
YES |
|
Discounted Initial Vet Visit |
YES |
|
Free Second Vet Visit |
YES |
|
Nutrition Consulting |
NO |
|
Medical Veterinary Advice |
NO |
|
Pet Health Insurance |
NO |
When you subscribe to Standard Services you are promising to pay us for Standard Services, whether or not you use them for the period of time from your making such subscription until the day before the renewal date therefore, plus any number of automatic renewal periods if you do not cancel the service before the first day of the renewal period.
On activating Standard Services and on each renewal thereof, we will charge you the Applicable Fee for Standard Service.
|
Periodic Payments |
Applicable Monthly Fee based on canine weight (Subscription Fee Initial and on Renewal) |
|
Quarterly Fee Charged in Monthly Installments |
$75USD monthly (up to 20 lbs) $85 USD monthly (21lbs to 50 lbs) $95 USD monthly (51 lbs and over) |
|
Annually Charged in Monthly Installments |
$75USD monthly (up to 20 lbs) $85 USD monthly (21lbs to 50 lbs) $95 USD monthly (51 lbs and over) |
We reserve the right, at any time and for any reason, to eliminate or modify any or all of all the functionality of the Standard Services, without any prior notice to you.
Even with the Standard Services, you must pay your Data Provider Charges for the data you use. Any reference to Standard Services describes Services provided by us and not any other person.
Your Registered Pet is one (1) canine pet per Standard Service membership which (i) lives with you in your home or abode, (ii) primarily living indoors with you, and (ii) you identify the canine by registering the canine with us as part of your Standard Service membership tier. You must have more than one Standard Service membership to add a second Registered Pet. if you change the registered pet, your lifepromise PROGRAM eligibility period for the prior pet immediately terminates and the newly registered pet’s PROGRAM eligibility begins with such pet’s registration with us. you may not combine the continuous eligibility periods of two or more pets.
THE DISCOUNT ON THE INITIAL VET VISIT PROVIDED THROUGH CARSON&BEAR IS NOT PET HEALTH INSURANCE. CARSON&BEAR IS NOT PAYING FOR YOU TO RECEIVE THE DISCOUNT.
THE PAYMENT CARSON&BEAR MAKES FOR THE SECOND VETERINARIAN VISIT IS NOT PET HEALTH INSURANCE. THE PAYMENT IS MADE FOR CARSON&BEAR TO OBTAIN INFORMATION ON YOUR REGISTERED PET.
1. Subscription Box Shipment selected by Carson&Bear.
(a) Carson&Bear selects, in its sole and absolute discretion, and also pays for the procurement and delivery to you of one or more goods such as a superfood meal topper, nutrition supplements, novelty items, and toys (the “Boxed Products”) on a monthly basis. Carson&Bear selects the Boxed Products to be delivered. Substitutions are not allowed. Superfood Meal Toppers and nutrition supplements may arrive subdivided into portion size packets (“Packets”).
YOU ARE SOLELY RESPONSIBLE FOR CHECKING THE INGREDIENT LIST FOR ANY SUPERFOOD MEAL TOPPERS AND NUTRITION SUPPLEMENTS IN THE BOXED PRODUCTS TO CONFIRM THE SUPERFOOD MEAL TOPPER DOES NOT CONTAIN ALLERGENS WHICH YOUR REGISTERED PET MAY HAVE. DO NOT FEED A PET THE SUPERFOOD MEAL TOPPER UNLESS YOU HAVE CONFIRMED SUCH PET IS NOT ALLERGIC TO ANY INGREDIENTS.
Carson&Bear reserves the right to change, cancel, non-renew or substitute any Boxed Products. Carson&Bear may send different Standard Tier Members different Boxed Products for the same time period. You will have no claim against Carson&Bear if or when Carson&Bear changes the boxed products shipped to you in a later time period compared to an earlier time period.
Carson&Bear makes no representation as to the market value of the boxed products, including whether the products have a market value. The boxed products may or may not have a market value either generally or in the allotments or packages sent as boxed products.
(b) Carson&Bear will ship the boxed products to the shipping address you designate with Carson&Bear. Carson&Bear does not warrant or guarantee the delivery date for boxed products and it is possible the boxed products arrives late, is lost or destroyed, in whole or part, during shipment.
YOU ARE SOLELY RESPONSIBLE FOR SECURING THE ADDRESS FOR DELIVERIES. CARSON&BEAR IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR EITHER THE THEFT OR DAMAGE OF THE BOXED PRODUCTS UPON DELIVERY TO YOUR DESIGNATED ADDRESS OR THE CONDUCT OF THE COMMON CARRIER OR PRIVATE CARRIER WHO DELIVERS THE BOXED PRODUCTS.
(c) Carson&Bear does not manufacture the boxed products or control the common carrier or private carrier who transports the boxed products.
CARSON&BEAR DENIES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. YOU SHALL ONLY HAVE THE WARRANTIES ON THE BOXED PRODUCTS PROVIDED BY THE ORIGINAL MANUFACTURER.
(d) If you cancel or terminate your agreement with Carson&Bear within the 30-day cancellation period (described in Section 5(E), later in this Agreement), you must return all unused Packets to us in unopened condition. The refund you receive, if any, will change based upon the number of undamaged and unopened Packets we receive back from you in the shipment to us.
2. TAILSCORE.
THE TAILSCORE DOES NOT ACCOUNT FOR ANY ALLERGIES YOUR PET MAY HAVE. THE TAILSCORE WILL NOT TELL YOU IF THE FOOD MAY OR WILL CAUSE AN ALLERGIC REACTION TO YOUR PET.
THE TAILSCORE IS FOR EDUCATIONAL PURPOSES ONLY AND IS THE PRODUCT OF A PROPRIETARY CARSON&BEAR RATING SYSTEM THAT BALANCES COMPETING NUTRITIONAL CONCERNS AND IS BASED UPON GENERAL NUTRITIONAL PRINCIPLES AND DATA APPLICABLE TO (1) CERTAIN INGREDIENTS, (2) METHODS OF MANUFACTURE, STORAGE AND TRANSPORTATION, (3) ABSORPTION OF NUTRIENTS, (4) OTHER GENERAL DATA RELATED TO CANINE NUTRITION. NUTRITION IS A FIELD OF CONSTANT CHANGE AND OPINIONS MAY DIFFER ON WHICH NUTRITION RELATED DATA IS BETTER OR WORSE, ACCURATE OR INACCURATE, OR PROPERLY APPLIED TO A SPECIFIC DOG FOOD. TAILSCORE IS NOT THE RESULT OF A CHEMICAL ASSAY OR LABORATORY STUDY OF A SPECIFIC DOG FOOD.
THE TAILSCORE HAS NOT BEEN SUBMITTED TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT. TAILSCORE IS NOT APPROVED BY THE FEDERAL, ANY STATE OR ANY LOCAL GOVERNMENT. THE TAILSCORE HAS NOT BEEN SUBMITTED TO OR APPROVED BY THE AMERICAN VETERINARY MEDICAL ASSOCIATION.
A LOW TAILSCORE IS NOT REPRESENTATION THAT DOG FOOD IS UNHEALTHY OR DANGEROUS TO FEED YOUR PET.
SOME DOG FOODS WILL HAVE A LOW TAILSCORE BECAUSE THE FOOD TARGETS A CERTAIN BENEFIT WHICH MAY BE BENEFICIAL AND A HIGH TAILSCORE MAY NOT BE ABLE TO BE ACHIEVED ALONG WITH THE SPECIFIC BENEFIT.
WE RECOGNIZE THAT VETERINARIANS RECOMMEND FOOD AND ARE SAID TO PRESCRIBE FOOD. THE TAILSCORE IS NOT A SUBSTITUTE FOR A DOG FOOD RECOMMENDATION OR PRESCRIPTION MADE BY A VETERINARIAN. A RESPONSIBLE VETERINARIAN MAY RECOMMEND OR PRESCRIBE DOG FOOD WITH A LOW TAILSCORE BECAUSE SUCH FOOD PROVIDES A TARGETED BENEFIT TO A PATIENT OF THE VETERINARIAN.
3. LifePromise.
a. Contractual Refund Right. Any reference to the “LifePromise,” “LifePromise Guaranty,” or “LifePromise Warranty” all refer solely and exclusively to LifePromise as described in these Primary Terms and the Agreement Library.
Subject to the Exceptions listed below, Carson&Bear’s LIFE PROMISE is our contractual guarantee that we will refund the Promise Amount to you if you are continuously Program Eligible and your Registered Pet does not exceed your Registered Pet’s Agreed Life Span. The Agreed Life Span is specified by Us for your Registered Pet when you register such Pet.
|
Months of continuous Program Eligibility |
Percentage |
Applicable to the Standard Service for the Registered Pet |
|
1-12 |
0% |
|
|
13-24 |
25% |
Last 12 months Standard Service subscription charges you paid |
|
25-36 |
50% |
Last 12 months Standard Service subscription charges you paid |
|
37-48 |
50% |
Last 12 months Standard Service subscription charges you paid |
|
49-60 |
75% |
Last 12 months Standard Service subscription charges you paid |
|
61-72 |
75% |
Last 12 months Standard Service subscription charges you paid |
|
73-84 |
75% |
Last 12 months Standard Service subscription charges you paid |
|
85+ |
100% |
Last 12 months Standard Service subscription charges you paid |
b. Program Eligibility. Program Eligibility focuses on following the LIFE PROMISE Plan for the Registered Pet where you must (i) schedule and attend regular veterinarian visits and receive scheduled immunizations, boosters and treatments, (ii) follow and implement the medical advice given to you by a veterinarian related to your Registered Pet, (iii) your reporting these activities to us (which shall be excused if the vet for your Registered Pet is a Participating Vet with us) and (iv) your full and punctual compliance with your obligations under the Primary Terms and Agreement Library.
You are solely responsible for paying the costs of all items in (i)-(iv) and any other costs or expenses which you pay or incur to remain Program Eligible. Carson&Bear will not reimburse you for any costs or expenses.
c. Pausing LifePromise. Up to a maximum we set, you may pause (“Pause”) your LifePromise eligibility by following the steps required to do so by following the steps we identify in the Services and User Experience (the “Portal”) and receive a confirming email to your registered email with us. For so long as your LifePromise eligibility is Paused, you will not be Program Eligible. FOR SO LONG AS YOU ARE PAUSED, YOU WILL NOT RECEIVE THE BENEFITS AVAILABLE TO THE STANDARD SERVICE MEMBER TIER LISTED IN SECTION 4(C).
FROM TIME TO TIME, WE MAY SET OR CHANGE CONDITIONS TO PAUSE AND END A PAUSE ON YOUR MEMBERSHIP TIER STATUS. YOU WILL FIND THESE CONDITIONS IN THE PORTAL.
When you terminate the Pause by following the steps required to do so in the Portal and receive a confirming email to your registered email with us, then your LifePromise eligibility will begin. Also, we will treat or consider your most recent prior uninterrupted period of Program Eligibility for your Registered Pet as re-starting as of the end of the Pause. HOWEVER, IF YOU ARE PAUSED FOR MORE THAN SIXTY (60) DAYS, YOU WILL LOSE CREDIT FOR ALL PRIOR PROGRAM ELIGIBILITY AND MUST START OVER.
If we were not aware that you were not Program Eligible on any date or for any time period, but we later discover that you were not Program Eligible during any period of time, we may give you a notice that you were not Program Eligible for such periods and such eligibility may reduce or eliminate and Promise Amount otherwise payable to you.
d. Exceptions to Promise Amount Refund.
No refunds are made in the event of an Accidental Injury, Euthanasia of your Registered Pet, or when your Registered Pet is Missing, even if you are Program Eligible.
“Accidental Injury” means bodily injury or death (including euthanasia) resulting from an accident, attack, fight, injury, asphyxiation, insect bites, heartworms or other parasites, falls, collisions, impaling, weapons of any kind, improper or illegal administration of medicine, animal abuse or neglect, human negligence, ingesting any poison or allergen, chemicals or tangible property which is dangerous for a dog of any size or breed, or other similar occurrence, including medical malpractice. Accidental injury includes (i) being exposed to extreme heat or cold, (ii) malnutrition or dehydration resulting from a lack of food or water.
“Euthanasia” includes the death of your Registered Pet with your consent through any method related to an accidental injury to your Registered Pet.
“Missing” means that after you engage in a reasonable search for your Registered Pet, your pet cannot be located or found alive for a period of at least five consecutive days but continuing thereafter until your Registered Pet is found alive. A Registered Pet that is Missing but later found alive is no longer Missing as of the date the Registered Pet is found living.
e. IMPORTANT NOTICES
LIFE PROMISE is not pet life or health insurance. LIFE PROMISE is not part of an insurance policy. LIFE PROMISE is no replacement for pet life insurance or pet health insurance. Subscribing to LIFE PROMISE will not ever result in payment to you for medical advice, diagnosis, care, or treatment provided by any medical doctor or a veterinarian, including, but not limited to, the cost of drugs prescribed by a medical doctor or veterinarian.
LIFE PROMISE is a contractual relationship and provides a contractual warranty with limits where we promise to pay you the AGREED UPON REFUND AMOUNT AND NO MORE. There is no other money or value which will be paid to you BY CARSON&BEAR in relation to the Registered Pet. A contractual warranty, like Life Promise, is different than a general warranty or promise. Enforcement of the contractual promise is limited to the terms of the contract.
You agree that the promise amount does not and is not intended to compensate you for the economic, intrinsic or other value of your registered pet. it would be impracticable or extremely difficult to fix the actual damage for loss of your registered Pet before the end of the Agreed Life Span.
No payments are made to cover veterinary, medical, burial, EUTHANASIA, or disposal expenses, even if you are Program Eligible.
No payments are made for accidental injury, terminal illness or euthanasia of your Registered Pet.
Payment of the Promise Amount is in substitution for (1) any other remedies under common law, the Uniform Commercial Code, regulations or statutes and (2) any other remedies which may be implied by law or our conduct, including warranties for fitness of purpose and merchantability.
No special or consequential damages may be sought related to or arising from the life promise, meaning that you may not seek to recover damages or losses that indirectly result from an alleged breach, failure or omission by us in relation to the Life Promise. This includes, but is not limited to lost opportunities, lost pay, loss of employment, loss of travel opportunities, and/or loss of income or revenue.
5. CHARGES, AUTOMATIC RENEWAL, CANCELLATION & REFUND RULES
Every subscription has a time period which it covers (“Subscription Term”), subject to earlier termination. The Subscription Term is identified in each subscription you make. A Renewal Subscription Period is the same length of time as a Subscription Term but begins on the successive anniversaries of a Subscription term (i.e., monthly, annually).
A. Agreement to Pay. If you are subscribed to Free Trial Services or Standard Services, you must pay all charges and fees you selected when you subscribed to begin a Subscription Period and for each Renewal Subscription Period which occurs as a result of Automatic Renewal. Subscription fees do not include applicable taxes, and other charges and fees incurred in order to access the Free Trial or Standard Services and we will charge such taxes and other charges in addition to the Applicable Fees or subscription fees.
B. Automatic Renewal. Every subscription will be renewed automatically, without any action on your part, on the day following the end of your current Subscription Term or Renewal Subscription Term, or as otherwise stated in your subscription, if you do not validly cancel such Free Trial or Standard Service before the Automatic Renewal. Upon Automatic Renewal, Carson&Bear shall charge or debit your credit card or payment method.
C. Cancellation by Carson&Bear. We may cancel your Subscription Term, Renewal Subscription Term or Automatic Renewal for any reason or no reason, including failure of payment.
D. Cancellation by you. You may only cancel a subscription for Services or membership tier by contacting Customer Support at
customersupport@CarsonandBear.com.
OR
Carson&Bear
1 Chisholm Trail Rd, Bldg 1, Suite 450
Round Rock, TX 78681
Attn: Customer Support.
You must send the cancellation email to us at least 72 hours in advance of the Automatic Renewal Date to prevent an Automatic Renewal. We can collect fees, surcharges, or costs incurred before your cancellation takes effect.
You must follow the instructions in this paragraph “Cancellation by you” to cancel your membership tier or subscription and successive renewals. If you fail to do so, then your membership tier or subscription will not terminate. Until membership is properly cancelled, member will be liable for all renewal and monthly charges.
Cancellation does not entitle you to a refund unless otherwise allowed.
E. Refund Policy. Carson&Bear does not offer refunds except under (i) LifePromise and (ii) cancellation of a new membership tier enrollment or renewal within the first 30-days of the effective date of such new enrollment or renewal (“30-day Refund”).
You must follow the instructions in “Cancellation by you” above. If you do not, you will not be eligible for a 30-day Refund and your membership tier or subscription will not be terminated. You will continue to be liable to renew and to pay the charges for the subscription or membership tier until you validly cancel.
If you cancel or terminate your agreement with Carson&Bear within the 30-day cancellation period, you must return all unused Packets to us in unopened condition. The refund you receive, if any, will change based upon the number of undamaged and unopened Packets we receive back from you.
6. USER ACCOUNT AND SECURITY
You promise us that (i) you are the person you identify to us as part of signing up for any Services, (ii) you are the owner of any email account, phone number, credit account or payment account you provide to us related to your Services, (iii) you will not make or engage in any unlawful activity while using the Website, App, Portable App Tailscore App, Nutrition Clinic App, Other Access, User Experience or Services, (iv) you will keep your personal, contact and payment information current, complete and accurate.
You are 100% responsible for updating your information and payment records.
You may not ever allow any person to use your subscriptions, account, username or password. Any such use is included within the meaning of unauthorized use for purposes of the Agreement Library.
Your user account is your sole responsibility. You must pay for all losses occasioned by the use of your account, even for and as to your own personal losses or injury. Carson&Bear is not liable for any loss that you cause or incur as a result of you or anyone else using your account, with or without your consent or knowledge. You must pay us for any losses incurred by Carson&Bear, its affiliates, officers, directors, employees, consultants, agents and representatives due to your or someone else’s use of your account.
You may be liable to Carson&Bear or others for your actions, inaction, negligence, or other conduct in relation to your user account.
You may not use the subscriptions, account or username of any other user, unless you are (i) the lawful successor to such user who has died or become incapacitated, or (ii) that paying user using more than one paid subscription, account or username.
EVEN THOUGH YOU ARE NOT ALLOWED TO LET ANY PERSON USE YOUR ACCOUNT, THE AGREEMENT LIBRARY ALSO BINDS THOSE PERSONS WHO USE THE WEBSITE, APP, PORTABLE APP, TAILSCORE APP, NUTRITION CLINIC APP, OTHER ACCESS AND/OR SERVICES THROUGH YOU. YOUR USE OF THE WEBSITE, APP, PORTABLE APP, TAILSCORE APP, NUTRITION CLINIC APP, OTHER ACCESS AND/OR SERVICES FOR THE BENEFIT OF ANOTHER PERSON CONSTITUTES YOUR ACTING AS AN AGENT OF AN UNDISCLOSED PRINCIPAL WHICH BINDS YOU AND THE PERSON ON WHOSE BEHALF YOU ACT TO THESE PRIMARY TERMS. WHENEVER YOU ARE REFERENCED IN THIS AGREEMENT, THE REFERENCE INCLUDES YOU AND ALL PERSONS FOR WHOM YOU ARE ACTING.
You must immediately inform us via email to customersupport@CarsonandBear.com in the event you discover or have reason to believe that your account or that of another Carson&Bear user is subject to unauthorized use or any known, a user or other person is attempting or engaging in a suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
7. YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM CARSON&BEAR & OTHERS
A. Non-Promotional Communications. Without any further consent from you, we may send you one or more emails or other electronic communications related to the Primary Terms, billing and collection, legal notices and disclosures, the Privacy Policy, and or any other subject related to the Website, App, Portable App and Services. These communications are not for marketing for third parties. You cannot opt-out.
B. Promotional Communications (Opt-Out Available). We may also send you promotions and offers for products and services that Carson&Bear believes might be of interest to you. You may opt-out if you follow the unsubscribe instructions contained in each message or account.
C. Conflict with the Privacy and Information Use Policy. The Privacy and Information Use Policy controls over these Primary Terms in the event of a conflict.
8. INTELLECTUAL PROPERTY
A. Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of Carson&Bear (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Portable App and the format, directories, queries, algorithms, structure, and organization of the Website and/or Portable App are the intellectual property and proprietary and confidential information of Carson&Bear and its affiliates, licensors and suppliers. Except as expressly stated in these Primary Terms, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Primary Terms are hereby reserved and retained by Carson&Bear.
B. Trademarks. Carson&Bear has one or more registered service marks or trademarks (collectively, the “Carson&Bear Marks”) are trademarks or registered trademarks of Carson&Bear. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Portable App or in other Content provided to you may be the trademarks of third parties. Neither your use of the Services, nor these Primary Terms, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Carson&Bear Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Carson&Bear Marks generated as a result of your use of the Services will inure to the benefit of Carson&Bear, and you agree to assign, and hereby do assign, all such goodwill to Carson&Bear. You shall not at any time, nor shall you assist others to, challenge Carson&Bear’s right, title, or interest in or to, or the validity of, the Carson&Bear Marks.
C. Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the Carson&Bear logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Carson&Bear or are the property of Carson&Bear’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Primary Terms grant you any right, title or interest in or to any such content or materials.
D. Limited License. If and for so long as you comply with the Primary Terms and your subscription agreements, then Carson&Bear grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services solely for your personal, noncommercial use. COMMERCIAL USE OF THE WEBSITE, APP, PORTABLE APP AND SERVICES ARE PROHIBITED AND ARE NOT LICENSED TO YOU.
YOU DO NOT AND WILL NOT OWN ANY RIGHTS TO USE, DISPLAY, ADVERTISE OR PROMOTE THE TRADEMARKS OF CARSON&BEAR.
YOU DO NOT AND WILL NOT OWN ANY RIGHTS TO CARSON&BEAR CODE. YOU MAY USE THE EXECUTABLE VERSION OF THE SERVICES “AS IS” AND MAY NOT VIEW THE CODE (COMPILED OR NOT).
You may not reproduce, duplicate, copy, modify, sell, resell, distribute, or otherwise make commercial use of the Website, App, Portable App, Tailscore App, Nutrition Clinic App, Other Access, User Experience or Services without the advance express written consent of Carson&Bear. You must not cooperate, aid or assist anyone else to do these things without the advance express written consent of Carson&Bear.
You must not: (i) modify, alter, tamper with, repair or otherwise create derivative works of the Website, App, Portable App, Tailscore App, Nutrition Clinic App, Other Access, Services, User Experience or any software, code, executables, or other technology made available or used or distributed by Carson&Bear; or (ii) reverse engineer, disassemble or decompile the Website, App, Portable App, Tailscore App, Nutrition Clinic App, Other Access, Services or User Experience, or attempt to discover or recreate the source code any of the foregoing. You must not cooperate, aid or assist anyone else to do these things without the advance express written consent of Carson&Bear.
9. RESTRICTIONS ON USE OF CONTENT
Carson&Bear content, meaning any content of any type provided by or through Carson&Bear, is protected by United States (and applicable state and foreign law) for copyrights, trademarks, service marks, patents and trade secrets (“Protected Content”).
You must not use any Protected Content (in any form) without our advance express written consent. For Protected Content which is identified as or owned by a third party, you must not use any such Protected Content (in any form) without the true owner’s advance express written consent.
Your account will be suspended or terminated for violations of any intellectual property rights of Carson&Bear or its Affiliates, vendors or customers when we have probable cause to believe that violations are occurring or are likely occurring. We may also remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Primary Terms. We will provide you with reasonable notice of any such suspension or disablement, with such notice before its implementation only if required by law.
10. NUTRITION DATABASE AND DISCLAIMER
As part of the Services, Carson&Bear maintains a Nutrition Database that contains general nutritional information entered directly by Carson&Bear (“Nutrition Database”). This information is intended as informational for Users. This information is not intended to be full and complete nutritional advice for your pet and is not a substitute to our Services or a licensed veterinarian.
CARSON&BEAR DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE NUTRITION DATABASE. UNDER NO CIRCUMSTANCES WILL CARSON&BEAR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION.
You are solely responsible for ensuring that any nutritional information in the Nutrition Database is accurate, complete, and useful. Nutritional information in the Nutrition Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Carson&Bear.
11. THIRD-PARTY WEBSITE CONTENT AND STORE
Carson&Bear may allow or provide access to a store through its Services or access to websites of third parties (“Third-Party Websites”).
USE OF THE LINKS IS MADE AT YOUR OWN RISK. DO NOT USE LINKS IN THE PRESENCE OF CHILDREN WITHOUT HAVING FIRST VISITED THE LINK.
CARSON&BEAR HAS NOT AND WILL NOT REVIEW, CONTROL, OR APPROVE THIRD-PARTY WEBSITES OR THE CONTENT THEREOF, SERVICES, PRODUCTS, GOODS, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. CARSON&BEAR DOES NOT ENDORSE ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTY WEBSITES. ACCORDINGLY, CARSON&BEAR DISCLAIMS THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM TO YOU OR ANY OTHER PERSON CAUSED BY OR RESULTING FROM YOUR USE, DISPLAY, CONSUMPTION, SUBSCRIPTION OR PURCHASE OF ANY CONTENT, ADVERTISEMENTS, GOODS, SERVICES, OR PRODUCTS BY OR THROUGH ANY THIRD-PARTY WEBSITES.
YOU ASSUME THE RISK THAT LINKS WILL LEAD YOU TO (A) VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (B) OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, (C) TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (D) VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (E) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.
ANY AND ALL REPRESENTTAIONS ABOUT PRODUCTS IN THE STORE ARE MADE BY AND THE SOLE RESPONSIBILITY OF THE THIRD-PARTY MAKING THE PRODUCT AVAIABLE FOR SALE. CARSON&BEAR DENIES ANY AND ALL REPRESENTATIONS, WARRANTIES OR OPINIONS RELATED TO THE PRODUCTS SOLD BY THIRD-PARTIES THROUGH THE STORE.
12. PET HEALTH AND VETERINARY SERVICE DISCLAIMER
WE DO NOT PROVIDE MEDICAL VETERINARY SERVICES OR RENDER MEDICAL VETERINARY ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR PORTABLE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR VETERINARY ADVICE OR OPINION. NO VETERINARY-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR VETERINARY EMERGENCIES. IF YOU THINK YOU HAVE A VETERINARY EMERGENCY, CALL YOUR VETERINARIAN.
A. No Veterinary-Patient Relationship. Any and all services provided by, in and/or through the Services are for nutritional informational purposes only. Carson&Bear is not a licensed veterinary clinic, and Carson&Bear does not provide veterinary services or render medical advice but instead provides general nutritional advice related to general pet health. Nothing contained in the Services or User Experience should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for veterinarian consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition of your pet. YOUR USE OF THE SERVICES DOES NOT CREATE A VETERINARIAN-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE CARSON&BEAR PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF CARSON&BEAR SERVICE USERS).
B. You must obtain medical advice for your pet. You are urged and advised to seek the advice of a licensed veterinarian with any questions you may have regarding your pet’s health before the use of our Services if that pet is currently being treated for a chronic illness or is taking prescription medication or following a therapeutic diet to treat a disease. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking veterinary attention. You further agree that, before using the services, you shall consult your veterinarian, particularly if your pet is at risk for problems resulting from changes in your diet. If any nutritional information you receive using our Services is inconsistent with the advice from your veterinarian, you should follow the advice of your veterinarian.
13. DISCLAIMERS OF WARRANTIES
CARSON&BEAR, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES (INCLUDING ACCESS TO THE STORE) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CARSON&BEAR, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, THIRD-PARTY SELLERS OR MANUFACTURERS OF GOODS, LICENSORS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER CARSON&BEAR, ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE APPLICATIONS OR ANY FUNCTION CONTAINED IN THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER CARSON&BEAR, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, BUSINESS CUSTOMERS, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR REPRESENTATIVES OR AGENTS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE PRIMARY TERMS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CARSON&BEAR, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE, OUR APPLICATIONS OR APPLICATIONS LINKED TO OUR APPLICATIONS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY CARSON&BEAR, ITS AFFILIATES AND ANY OF CARSON&BEAR’S AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE PRIMARY TERMS OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF CARSON&BEAR INCLUDING THESE PRIMARY TERMS AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE WEBSITE AND/OR APPLICATIONS THROUGH THE SERVICES; (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR WEBSITE AND/OR APPLICATIONS; OR (V) THE AMOUNT OR TYPES OF OUR FEES OR CHARGES, SURCHARGES, APPLICABLE TAXES, OR BILLING METHODS, OR ANY CHANGE TO OUR FEES OR CHARGES, APPLICABLE TAXES, OR BILLING METHODS.
THE MAXIMUM LIABILITY OF CARSON&BEAR AND ITS AFFILIATES AND ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, THIRD-PARTY SELLERS OF GOODS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CARSON&BEAR AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THESE PRIMARY TERMS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE PRIMARY TERMS.
16. INDEMNIFICATION
Without limiting any indemnification provisions of these Primary Terms, you agree to indemnify, hold harmless and, at our option, defend Carson&Bear and our affiliates, and our and their respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Carson&Bear Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your improper use of the Services or our products or offerings, (ii) your violation of these Primary Terms, (iii) your provision to Carson&Bear or any of the Indemnified Parties of information or other data, (iv) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
17. GOVERNING LAW AND VENUE
These Primary Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Primary Terms shall be filed only in the state or federal courts located in Texas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
18. TERM AND TERMINATION
A. Termination. These Primary Terms will remain in full force and effect while you use our Services (including our Website and Portable Apps). We may terminate your use of, or access to, the Service in accordance with these Primary Terms.
B. Effect of Termination; Survival. Termination of these Primary Terms automatically terminates all rights and licenses granted to you under these Primary Terms, including all rights to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, governing law and venue). Subsequent to termination, Carson&Bear reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
C. Legal Action. If we, in our sole discretion, take legal action against you in connection with any actual or suspected breach of the Agreement Library, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. Carson&Bear will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of these Primary Terms or the Agreement Library.
20. MISCELLANEOUS TERMS
If any provision of these terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Primary Terms are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Primary Terms. These Primary Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Primary Terms, or to exercise any right under the Primary Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.