Datamars Terms & Conditions for Purchases and Subscriptions – USA

Last Revised: November 1, 2024

IntroductionTHESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR PURCHASES OF CERTAIN PRODUCTS AND SUBCRIPTIONS, FROM DATAMARS, INC. (“DATAMARS”) IN THE UNITED STATES. IF YOU ARE PURCHASING DATAMARS PRODUCTS OR SUBSCRIPTIONS OUTSIDE OF UNITED STATES, YOUR PURCHASES MAY BE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO ORDERING ANY PRODUCTS OR SUBSCRIPTIONS AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS WITH REGARD TO DATAMARS AND HOW SUCH CLAIMS MAY RESOLVED. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS (I.E., IF YOU ARE NOT OF SUFFICIENT AGE AND MENTAL CAPACITY AND ARE OTHERWISE ENTITLED TO BE LEGALLY BOUND IN CONTRACT) YOU MAY NOT PURCHASE PRODUCTS OR SUBSCRIPTIONS.NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DATAMARS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.This document contains important details about your purchases of hardware or devices (each a “Device”) and Datamars Subscriptions such as:

1. The terms and conditions on which we supply the Device to you;
2. How long your Subscription will be;
3. How to pay for and cancel your Subscription.

Some words are capitalised in these Terms. This means that they have a defined meaning, and we have explained words used throughout the Terms in the glossary below for easy reference.

By purchasing a Device and Subscription on the Website you agree to these Terms, which, once you receive a confirmation email from us, creates a binding contract between Datamars and you. By purchasing a Subscription, you are subscribing to access and use the specified Datamars Services on Supported Devices during the term of your Subscription.

When you buy a Device from Datamars, you have the option to download our App (defined below), which is available via the website (“Website“).You can access Subscription options, seek help about the Device and your Subscription, and learn about how we process your personal data on the Website.

You can purchase the Device without downloading the App, however certain Device features may not be available to you if you choose to do so. You will be able to activate and manage your Subscription and gain more information about the Device if you do choose to download, install and use the App.

More information about the Device and App can be found by clicking here. The manner in which you are permitted download and use our App is subject to the terms of a separate license agreement between you and Datamars and the applicable terms governing use of the of the Apple App Store or Google Play Store (each, an “App Store“).

Glossary and General Terms

“Device Safety Terms” means the safety terms and conditions available here.

“Annual Subscription” means a rolling annual subscription, which is paid upfront;

“App” means the application which provides features to operate the Device that you can download free of charge to a Supported Device via the link on the Website;

“Content” means software, text, graphics, images, video, audio, data and other material are made available to you through the Services;

“Datamars Services” or “Services” means use of the software embedded within the Device, the Subscription service(s) used in conjunction with the Device, and the services, features, Content, App, Website (or other linked pages) or applications offered, from time to time, by Datamars in connection with them.

“Initial Term” is 4 months from the date on which we accept your order for a Monthly Subscription;

“Monthly Subscription” means subscription with an Initial Term that automatically renews from month to month following the Initial Term;

“Order” means the order for the Device made by you through the Website;

“Payment Methods” means the payment methods set out in Section 6.2;

“Refund Period” means 14 days from the day after the date of starting your Subscription;

“Subscription” means your paid for access to the Datamars Services, including a Monthly Subscription and/or an Annual Subscription;

“Supported Device” means Internet-connected mobile devices;

“Trial Period”means a specified timeframe during which users are permitted to access and evaluate a subscription service for free or at a reduced cost before committing to a Subscription.

“Writing”includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

1. Information About Us and How to Contact Us

   1. Who we are.We are Datamars, Inc., and our address is 1110 Industrial Blvd, Temple, Texas 76504, USA.
   2. Our brands.Datamars is the owner of the brand “Petlink”.
   3. How to contact us.You can contact us by telephoning our customer service team here or by writing to us at the address above.
   4. How we may contact you.If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order or when you purchased a Subscription.

2. Ordering, Conclusion of Contract, Payment and Delivery

   1. You must be at least 18 years old to purchase Device on the Website. If you are under 18, please ask your parent or guardian to make the purchase. .When you place an Order for a Device on the Website, you authorize us and/or our third party payment processor, as applicable, to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of your order (including any applicable shipping charges and taxes).
   2. You should check and amend any errors before submitting your Order to us. We will send you an email confirming receipt of your Order and an order number that you should refer to if you have any follow-up queries. Your confirmed Order is not automatically binding upon Datamars, but constitutes an offer to purchase the relevant Device(s) in consideration for payment of the applicable prices, and we reserve the right to refuse or cancel your Order for any reason permitted by applicable law. For example (and without limitation), we may reject your order if you do not live in a country from which Devices may be purchased via the Website, if you order more than the permitted maximum number of Devices, or if we suspect your Order was not placed in good faith or was not placed by an individual. Your contract with Datamars becomes effective at the time your Device has been shipped. As mentioned in the section on “Delivery” below, there may be circumstances in which we cannot ship a Device to you. If your Order contains more than one item, not all of which ship at the same time, the contract for those items that have not shipped will become effective upon the shipment of each remaining item.
   3. Delivery.At checkout, you may be provided an estimated delivery date for your Order which is calculated based upon processing time, the shipping address provided, and the shipping method selected on the Order. You acknowledge that any delivery dates that Datamars provides are non-binding estimates only and you have no claim against Datamars for delays or early deliveries. We may not be able to deliver to all locations. Please consult our App or Website for locations to which we will deliver your Device. If Datamars does not ship a Device to the address you provided or is otherwise unable to fulfil any part of your Order, we will cancel either the full Order or only that portion of the Order that will not be fulfilled, you will be sent a notice of our decision, and you will not be charged for any Devices that are not able to be delivered. You acknowledge and agree that Datamars’ ability to sell and fulfill Orders is subject to: (a) item availability; and (b) Datamars’ sole discretion in managing inventory. Datamars is not obligated to accept any Order and expressly reserves the right to limit, decline or reject any Order, without explanation and without being liable to you for any damages or costs other than repayment of any amount or amounts that Datamars had previously received from you with regards to such Order. The Device will be your responsibility from the time we or our third party fulfilment partner delivers it to a common carrier (e.g., UPS, FedEx, USPS). As a result, Datamars shall have no responsibility for the product once it is delivered to the carrier and you are responsible for filing any claims with carriers for damaged and/or lost shipments. The costs of delivery to you or a third party nominated by you, will be set out in your Order or, if delivery costs are not listed in the Order, as communicated to you separately. We are not responsible for delays outside our control. If we are delayed in delivering the Device to you by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and work with you to rearrange a time period for delivery. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Device.
   4. If you do not re-arrange delivery.If, after a failed delivery to you, you do not re-arrange delivery or collect the Device from the location identified by us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract.
   5. What will happen if you do not give required information to us.We may need certain information from you so that we can supply the Device to you. If so, this will have been communicated to you prior to or at the time you provide your Order. If such information is not provided in your Order, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract. We will not be responsible for supplying the Device late or not supplying any part of the Device if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

3. Our Devices

   1. Variations.Datamars attempts to provide accurate descriptions of all products displayed on the Website. However, we do not warrant that the product descriptions are complete or error-free. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the Devices accurately on the Website or App, we cannot guarantee that your computing device’s display accurately depicts the products, so the Device you receive may vary from those images. Furthermore, the products displayed on the Website are subject to availability and Datamars does not provide any guarantee of a product’s availability in your locality or of the availability of all sizes/versions of all products/colors displayed. The reference to such products on the Website does not imply or warrant that these products will be available at any time in your particular location. Datamars attempts to provide accurate and up-to-date information through the Website, but we do not warrant that the information is complete or error-free.
   2. Instructions.Please carefully read any instructions that come with the Device, including Device Safety Terms. Datamars provides the Device for you to track your pet. The Services and any results or Content displayed via the Services, whether provided by us or third parties, are not medical advice and are not intended to substitute advice from a veterinarian.
   3. No substitute for veterinary advice.The Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate animal disease, or diagnose, monitor, treat, alleviate or compensate for an injury to your pet, or perform any other tasks that constitute the practice of veterinary medicine, and all Content available through the Services is for general informational purposes only. Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any veterinarian-patient relationship. If you have any health related questions relating to your pet, please call or see your veterinarian. You should never disregard veterinary advice or delay in seeking veterinary advice because of any Content presented on the Services, and you should not use the Services or any Content on the Services for diagnosing or treating a health problem relating to your pet.
   4. Enhanced functionality.In order to make use of any enhanced functionality of your Device, you have to purchase a Subscription and open a customer account via the App if you do not yet have one. Further, you agree to comply with any software license agreements applicable to your use of software on the Device. We may also provide software updates/upgrades that you will need to install in order to maintain the conformity of the functionalities of your Device and/or Services, and/or make the best possible use of the functionality of your Device and/or Services on your Device. Use of that software may be subject to additional licensing terms. Where the updates/upgrades are not strictly necessary, please note that you have the right to refuse the update or, where possible, to uninstall it. You understand, however, that failing to install and update may negatively impact your access to or use of the Device and/or Services.
   5. Personal use & gifts.You may only purchase Devices for your personal use. The Device is designed for use on pets only and is not suitable for commercial farming or for human use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a Subscription in order to receive any support offered by Datamars.
   6. Battery life.Battery life for your Device, as described in any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary.
   7. Storage capacity.Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity may be less than the memory listed in any Device description page on the App or Website.

4. Returns

   1. Return Policy.Datamars’ return policy is available here, , which is incorporated herein by this reference. Additional Terms may also apply.

5. Your Subscription

   1. You must be at least 18 years old to purchase a Subscription. If you are under 18, please ask your parent or guardian to purchase the Subscription instead.
   2. Datamars makes a variety of Subscription packages available for customers. Information about our Subscription packages is available on the Website.
   3. Your Subscription begins on the date you receive confirmation from us, and will be billed in advance either for the Initial Term, if you have purchased a Monthly Subscription, or billed for one year, if you have purchased the Annual Subscription.
   4. The length of your Subscription, the Minimum Term and the renewal period depends on the Subscription package you select.
   5. Details regarding your Subscription term and status can be viewed and managed in your account settings. To use the Datamars Services you must have Internet access and a Supported Device and provide us with one or more Payment Methods as described below in the Payment, Billing, & Price Changes Section below

6. Automatic Renewals and Cancellation of Your Subscription

   1. IMPORTANT NOTICE – AUTOMATIC RENEWAL OF TRIAL PERIOD SUBSCRIPTIONS:IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A TRIAL PERIOD, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION AT LEAST FIVE (5) DAYS PRIOR TO THE EXPIRATION OF THE TRIAL PERIOD, YOUR TRIAL PERIOD SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO AN ANNUAL SUBSCRIPTION AND DATAMARS WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST ANNUAL SUBSCRIPTION FEE UPON THE EXPIRATION OF THE TRIAL, PERIOD AND EACH SUBSEQUENT YEAR THEREAFTER (AS FURTHER DESCRIBED BELOW). THE PRICING FOR THE FIRST YEAR OF SUCH SUBSCRIPTION WILL BE AT THE APPLICABLE ANNUAL SUBSCRIPTION PRICE AT THE START OF THE FREE TRIAL PERIOD.
   2. IMPORTANT NOTICE – AUTOMATIC RENEWAL OF MONTHLY SUBSCRIPTIONS:UNLESS YOU CANCEL YOUR MONTHLY SUBSCRIPTION AT LEAST TEN (10) DAYS PRIOR TO THE END OF THE THEN-CURRENT SUBSCRIPTION TERM, DATAMARS WILL AUTOMATICALLY RENEW MONTHLY SUBSCRIPTIONS ON THE DAY BEFORE THE SUBSCRIPTION ENDS, WHICH IS AFTER 30 DAYS FROM THE START OF MONTHLY SUBSCRIPTIONAND, AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, DATAMARS OR OUR THIRD PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE MONTHLY SUBSCRIPTION FEE AND ANY TAXES (AS DEFINED BELOW) THAT MAY BE IMPOSED ON YOUR PAYMENT. EACH SUCH RENEWAL PERIOD IS FOR ONE MONTH.
   3. IMPORTANT NOTICE – AUTOMATIC RENEWAL OF ANNUAL SUBSCRIPTION:SUBSCRIPTIONS FOR ANNUAL SUBSCRIPTIONS WILL AUTOMATICALLY RENEW ON THE YEARLY ANNIVERSARY OF THE DAY YOU FIRST SUBSCRIBED TO THEM UNLESS YOU CANCELS SUCH SUBSCRIPTIONS AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN-CURRENT ANNUAL SUBSCRIPTION TERM. AS AUTHORIZED BY YOU DURING THE REGISTRATION PROCESS, DATAMARS OR OUR THIRD PARTY PAYMENT PROCESSOR WILL CHARGE YOUR PAYMENT METHOD WITH THE APPLICABLE ANNUAL SUBSCRIPTION FEE AND ANY TAXES (AS DEFINED BELOW) THAT MAY BE IMPOSED ON YOUR PAYMENT EACH RENEWAL PERIOD IS FOR ONE YEAR.
   4. YOU MAY CANCEL YOUR SUBSCRIPTION BY: (A) LOGGING INTO YOUR ACCOUNT CLICKING THE ‘CANCEL SUBSCRIPTION’ BUTTON ON YOUR ACCOUNT SETTINGS; OR (B) CONTACTING DATAMARS AT PETLINK C/O DATAMARS INC., 345 WEST CUMMINGS PARK, WOBURN, MA 0180, USA, TO LET US KNOW YOU WOULD LIKE TO CANCEL. SUBSCRIPTION FEES ARE NOT REFUNDABLE AND YOU WILL NOT RECEIVE A REFUND, BUT WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS FOR THE REMAINDER OF THE SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID. IF YOU CANCEL YOUR MONTHLY SUBSCRIPTION FEWER THAT TEN (10) DAYS PRIOR TO THE LAST DAY OF YOUR THEN-CURRENT MONTHLY SUBSCRIPTION TERM OR FEWER THAN THIRTY (30) DAYS PRIOR TO THE LAST DAY OF YOUR THEN-CURRENT ANNUAL SUBSCRIPTION TERM, THE SUBSCRIPTION WILL AUTOMATICALLY RENEW AS DESCRIBED ABOVE

7. Service, Device, & Content Limitations

   1. Your Subscription to use and enjoy Datamars comes with some limitations.Datamars Content is regularly updated. We may also add or remove Content from the Datamars Services.
   2. We may suspend or terminate your Subscription if you are in serious breach of these Terms.

8. Payment, Billing & Price Changes

   1. You can pay with your credit card or debit card, PayPal or other online payment system accepted by Datamars, which, as detailed above in Section 6, will be charged annually if you have purchased an Annual Subscription and each month following the end of the Initial Term if you have purchased a Monthly Subscription.
   2. Payment Methods. You may pay for your Subscription or Device using a valid Visa, MasterCard, or Visa Electron credit card or debit card, PayPal or other online payment system accepted by Datamars, (each a “Payment Method”). You agree that your selected Payment Method will be charged by Datamars when you subscribe. You agree to pay all amounts due at the time you place your Order or purchase a Subscription. Confirmation of your Order and/or purchase will be sent to the email address on file for your account. If you use an international credit card to purchase a Device, the Device price will be charged and processed in local currency. If the same Device is returned, the refund will also be processed in the same currency. If you use an international credit card to purchase a Device, your credit card company may additionally charge a foreign transaction or other fee(s) on top of the Device price.
   3. Updating your Payment Methods. You may update your Payment Methods in your account settings. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
   4. Monthly Billing Cycle. Monthly Subscription fees, and any other charges you may incur in connection with your use of the Datamars Services, will be charged to your Payment Method on a monthly basis.
   5. Device Prices. The Device price displayed on the Website does not include any shipping charges and/or sales taxes, nor does it include any Subscription fee.
   6. Subscription Prices. Applicable taxes will be included in the price of the Subscriptions displayed on the Website and may not be separately presented at checkout or on the Device description page before you place your Order and may not be separately itemised on the purchase confirmation of the email confirming receipt of your Order.8.6 Subscription Prices. Applicable taxes will be included in the price of the Subscriptions displayed on the Website and may not be separately presented at checkout or on the Device description page before you place your Order and may not be separately itemised on the purchase confirmation of the email confirming receipt of your Order.
   7. Price Changes. We can update the price of the Subscriptions from time to time. If we do so, we will provide you with at least 30 days’ notice of the change. If you are not happy with the change and you would like to cancel your subscription, please follow the steps set out in Section 6.5 above.

9. Our Liability & Responsibility to You

   1. As a consumer, you have certain rights under law and nothing in these Terms can, or is intended to, limit or remove these rights. We will always be responsible to you for the following: (a) human death or personal injury arising as a result of our negligence; (b) fraud; or (c) any other liability that cannot be excluded or limited under applicable law.
   2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT FOR LIABILITY ARISING FROM THE CAUSES SET FORTH IN SECTION 9.1, THE MAXIMUM AGGREGATE LIABILITY OF DATAMARS TO YOU ON ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID OR PAYABLE TO DATAMARS FOR THE DEVICES OR SUBSCRIPTIONS PURCHASED BY YOU IN THE RELEVANT TRANSACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DATAMARS WILL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST DATA OR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; OR FOR THE PERFORMANCE OF ANY THE PRODUCTS PURCHASED, EVEN IF ASICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DEVICES AND SERVICES.
   3. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT DATAMARS’ LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
   4. In particular, and without limiting the foregoing, Datamars and its subsidiaries and affiliates, including suppliers, shall not be liable (whether under contract, tort (including negligence) or otherwise) for:
      1. losses that were not caused by our breach of these Terms;
      2. any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Datamars breaching these Terms; or
      3. loss of data stored on the Device, or inability to access data.
   5. THE DEVICES AND SERVICES ARE PROVIDED THE DATAMARS PARTIES ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DATAMARS AND ITS SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES (THE “DATAMARS PARTIES”), MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE DEVICES OR SERVICES, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE DEVICES OR SERVICES, AND THE DATAMARS PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COMPLIANCE, LEGALITY, OR CURRENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE DEVICES OR SERVICES. THE DATAMARS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SERVICES INCLUDING, WITHOUT LIMITATION, ANY DEVICES.

10. Data Privacy, Collection & Use

    1. We will collect, process, and use your personal information in accordance with our privacy notice which can be accessed here.
    2. You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Datamars for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to us. We will not be responsible for any use or disclosure of any data that resides on a Device. If you tell us that you have not received your Device, the Device is defective, or it has been lost or stolen, we may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.

11. Device Features Outside of Datamars Control

    1. You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider (“Internet Service Provider”) whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.
    2. If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a WiFi access point as described in the Device technical specifications.
    3. You agree that, unless specifically provided in any Device description page, Datamars has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that we do not control.
    4. You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Datamars makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
    5. Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).

12. Promotional Offers

    We can offer you special deals or promotions for Datamars. Through the Datamars Services, we may from time to time provide you with promotional offers, plans, or subscriptions for additional products or services from Datamars. If a Datamars-provided offer mistakenly lists an incorrect price or offer term, Datamars can refuse or cancel any orders placed for the offered product or service, whether or not the order has been confirmed and whether or not you have been charged for such offer, product, or service.

13. Customer Support

    To find more information about the Datamars Service and its features, or if you need assistance with your account, please visit here.

14. Changes to these Terms

    We may occasionally need to update these Terms. We will provide you with at least 30 days’ notice before the new Terms become effective, unless a change is needed by law or for emergency reasons. If you are not happy with the updated Terms, please do not continue to use or access your Subscription. If you have any questions about any changes to these Terms, please contact us here.

15. IMPORTANT – Disputes, Arbitration, Mass Arbitration, and Class Action/Jury Waiver.

    The Federal Arbitration Act (“FAA”) applies to these Terms to arbitrate. In particular, the FAA applies even if a choice of law principle would result in application of a different law. No provision of these Terms will be interpreted to preclude application of the FAA. If a court nevertheless concludes for any reason that the FAA does not apply, then the laws of the State of Texas shall govern these Terms and no effect shall be given to any Texas choice of law or conflict of law rules or provisions that would cause the application of the laws of any other state.

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND DATAMARS BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED. THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.

    To the fullest extent permitted by law, you and Datamars agree that if a dispute arises between you and Datamars relating in any way to the Services, the Devices or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. You and Datamars agree that any and all disputes or claims that have arisen or may arise between you and Datamars in connection with the Services and/or Devices shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

    1. Opt-Out Procedure: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in these Terms by sending a written letter to us at Datamars, Inc. / PetLink, 345 West Cummings Park, Woburn, MA 0180 (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
    2. Pre-Arbitration Dispute Resolution: You and Datamars agree that whenever you or we have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Services or Devices that is subject to the arbitration provision herein, you and Datamars will first send a written notice to the other party (a “Demand”). You and we agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. Datamars must send the Demand to you via certified mail to the most recent address Datamars has on file for you (or by email if Datamars only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or, for Datamars, by our authorized representative (and not only your or our counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Datamars will personally attend (with counsel, if represented). You and Datamars agree that you and Datamars will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
    3. 15.3 Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or Datamars’ satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS (a “Claim”) unless the Mass Arbitration provisions of Section 15.4 are triggered. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS’s Consumer Rules (as applicable), as modified by these Terms to Arbitrate. The JAMS’s rules and a form for initiating arbitration proceedings are available on the JAMS’s website at: https://www.jamsadr.com/rules-comprehensive-arbitration/ . The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.

       The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Datamars may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all Claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all Claims of privilege recognized by law.

    4. 15.4 Mass Arbitrations: If, at any time, 25 or more claimants (including you) submit Demands or Claims or seek to file demands for arbitration raising similar claims against Datamars, then your Claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms, including the Class Action Waiver and Jury Trial Waiver described below.

       A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees.

    5. CLASS ACTION WAIVER: You and Datamars agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Datamars agree otherwise or the Mass Arbitration provisions set forth above are triggered, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. You and Datamars further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and us in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules or NAM’s rules, as applicable.
    6. JURY TRIAL WAIVER: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DATAMARS EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.

16. Other Important Terms

    1. Each section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    2. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
    3. Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
    4. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Datamars’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
    5. You agree to indemnify and hold Datamars harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Devices and Services, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), Datamars will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
    6. These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to choice of law provisions. State and Federal courts located in Texas, shall have exclusive jurisdiction in case of any dispute.