Terms Of Service
These Terms of Use (“Terms” or “Agreement”) constitute a legally binding agreement between you (“you” or “User”) and Riva Works LLC d/b/a VASA Pet (“VASA,” “we,” “us”, “our”), and set forth our obligations and responsibilities when you: visit or use the VASA website located at www.vasapet.com . YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE PURCHASING ANY PRODUCTS OR SERVICES.
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MAY NOT APPLY TO YOU SUBJECT TO THE LAWS OF YOUR JURISDICTION. THIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY, UNLESS APPLICABLE LOCAL LAW IN YOUR JURISDICTION PROVIDES OTHERWISE . IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT VISIT OR USE THE APPLICATION OR PURCHASE ANY PRODUCTS OR SERVICES.
Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Application so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Application after the date such revised Terms are posted.
Use of Application, Products, and Services
You may only use the Application, Products, and Services within the United States and its territories and possessions and/or within Canada and, in each case, only for your own personal, non-commercial use. If you use the Application, Products, and/or Services in the United States, you hereby represent and warrant that you are not registered for any Canadian Sales Tax purposes and agree not to become so-registered without notice to us. To use certain features of the Products and Services, you must sign up for an account with VASA by downloading the Application from the Apple App Store or Google Play and, if applicable, subscribe to and pay any fees associated with such account. The Products and Services may not function properly if you do not keep your VASA account and subscription current and up-to-date and pay any fees due.
Subject to the Terms, VASA provides Services that have been selected by you. The “Services” include, without limitation, the use of the VASA mobile application, any service VASA performs for you, the customer service feature on the Application, the use of the features of applicable Products and Services useable through your VASA account, and the Content (defined below) offered by VASA on the Application. VASA may change, suspend, or discontinue the Application or any Services at any time, including the availability of any feature, database, or Content. VASA may also impose limits on certain features and services or restrict your access to parts or all of the Application or the Services without notice or liability to you.
You represent and warrant to VASA that: (i) you are an individual (i.e., not a corporation or other legal entity) and you are of legal age to form a binding contract in your jurisdiction (in some jurisdictions this is also referred to as the age of majority); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.
Once you use VASA products, you agree not to: (a) distribute, market, resell, transfer, or allow any other individual (other than those in the same household) to use the Product, Services, or Application; (b) use the Product, Services, or Application in connection with any products or services not supplied or provided by VASA or one of its authorized resellers or otherwise approved by VASA in writing; (c) remove any proprietary notices, labels, or marks on or in the Products or Services; (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Products, Services, or Application; or (e) use the Products, Services, or Application in a manner that (i) infringes or violates any third-party rights, including the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights; (ii) violates any law, statute, ordinance, by-law, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities or sales without VASA’s prior written consent such as contests, sweepstakes, barter, or advertising; (v) impersonates any person or entity, including, without limitation, any employee or representative of VASA; or (vi) transmits, accesses or introduces a bug, virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Application is strictly prohibited. You are responsible for your activity in connection with the Application, Products and the Services. Any fraudulent, abusive, or otherwise illegal activity, including, without limitation, pyramid schemes, may be grounds for termination of your right to access or use the Application, Product or the Services.
License
By using the Product, you acknowledge the existence and validity of, and agree to be bound by, all terms of this Agreement, including the end user license agreement (“EULA”) that is accessible from this link and is incorporated into these Terms for the software embedded in the Product (“Software”). You shall not copy, decompile, disassemble, reverse engineer, or manipulate any technology in, or otherwise modify or tamper with, any Product or equipment used to receive the Services. Nothing under this Agreement or the fact that you have access to and use of the Application, Product or Services gives you any right, title, or interest or license in or to any technology, software, or content, or any intellectual property rights in any of the foregoing. You shall not have any right, title or interest or license to reproduce or otherwise use our or any third party’s trademarks, service marks, graphics, or logos.
Further, all materials displayed or performed on the Application, Product or the Services, including, without limitation, text, graphics, articles, photographs, images, illustrations, visual files, sounds, audio files, and works (the “Content”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Application, Product or the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any VASA or third-party right.
Third Party Content
The Application, Products, and Services may contain materials, including, without limitation, text, graphics, articles, photographs, images, illustrations, visual files, sounds, audio files, and works that are owned by third parties (the “Third Party Content”). Third Party Content is governed by their own terms of use and privacy policies. You agree to comply with any terms and conditions that are specific to the Third Party Content, including their terms of use and privacy policies. VASA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Content. Unless applicable local law in your jurisdiction provides otherwise, you expressly release VASA from any and all liability arising from your use of any Third Party Content.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the Application. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products and Services are subject to change.
VASA Return Policy
Please review our Return Policy prior to making any purchases. This Return Policy is incorporated herein by reference.
SUBMISSIONS
By posting information or content on the Application or on any of our own branded social media sites (e.g., Facebook, Instagram or Twitter) (“User Submissions”), you grant to VASA a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable right to use such User Submissions in connection with the Services, the Product, the Application, and VASA’s (and its successors’ and assigns’) business, including by reformatting, modifying, creating derivative works of, excerpting, and translating any User Submissions. You understand that all information publicly posted or privately transmitted through the Application, or the Services is the sole responsibility of the person from which such content originated. Under no circumstances will VASA be liable in any way for any User Submissions, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Application or the Services.
PRIVACY OF PERSONAL INFORMATION
In these Terms, “Personal Information” means any information about an identifiable individual and any information that identifies who you are. Personal Information will be used by VASA solely in accordance with these Terms and VASA’s Privacy Policy, which is located here.
By accepting these Terms, you provide VASA with your express consent to collect, use and dispose of Personal Information that you provide to VASA in accordance with our Privacy Policy, for the purpose of providing you, and any person you authorize, with access to the Application, Products, and Services.
You can permanently remove Personal Information from your account at any time. In case you want to recover the deleted information, VASA may (but provides no representation or warranty that it will) be able, at its sole discretion, to retrieve a back-up copy of the Personal Information which was stored on the Application, Products, and Services for up to thirty (30) days after you instruct us to delete this information. Otherwise, Personal Information, including any that was paid for through the use of the Application, Products, and Services, are permanently removed from the Application, Products, and Services and must be recreated or repurchased therein.
In the event that you save, print, fax, or transmit copies of your Personal Information from the Application, Products, or Services (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information. VASA will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any Personal Information placed on the Application, Products, or Services or otherwise provided to VASA, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered Personal Information (“De-Identified Information”). You agree that in the event you delete Personal Information from the Application, Products, or Services, VASA may maintain a copy in the form of De-Identified Information. VASA is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use it, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to VASA to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Application, Products and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE APPLICATION, PRODUCT OR SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Application at any time or for any reason at our sole discretion without notice. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. Unless applicable local law in your jurisdiction provides otherwise, you agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application for any reason whatsoever.
VASA’s Limited Warranty, VASA’s Limited Warranties are set forth at Warranties and are incorporated herein by reference.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW DISCLAIMER OF WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS UNDER THE HEADING “DISCLAIMER OF WARRANTIES” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APPLICATION, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE BASIS.” YOU AGREE THAT YOUR USE OF THE APPLICATION, SERVICES AND PRODUCTS WILL BE AT YOUR SOLE RISK. YOU FURTHER AGREE THAT COMPLIANCE WITH LOCAL LAW IN YOUR USE OF THE APPLICATION, SERVICES AND PRODUCTS WILL BE YOUR SOLE RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION, SERVICES AND PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION, CONTENT OR THE CONTENT OF ANY APPLICATIONS LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, THE PRODUCT OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (SUBJECT TO, OR IN ACCORDANCE WITH, OUR PRIVACY POLICY), (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, WORM, TIME BOMB, OR OTHER HARMFUL COMPUTER CODE, FILE, OR PROGRAM OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION, SERVICES OR PRODUCTS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, SERVICE OR PRODUCT.
OUR PRODUCTS ARE NOT SUBSTITUTES FOR YOUR RESPONSIBILITIES AS THE OWNER OF YOUR PET. WHILE THE VASA IS AN EXTREMELY EFFECTIVE TOOL, YOU – THE OWNER – ARE ULTIMATELY RESPONSIBLE FOR ENSURING THE CONTAINMENT, SAFETY, AND LAWFUL AND HUMANE TREATMENT OF YOUR PET. WE DO NOT GUARANTEE CONTAINMENT OF YOUR ANIMAL OR THAT ANY LOST ANIMAL WILL BE FOUND, AND WE DO NOT PROVIDE ANY CUSTOMER SERVICE FOR THE PURPOSE OF SEARCHING AND/OR RECOVERING YOUR ANIMAL. ALERTS SENT BY VASA TO YOU DO NOT IN ANY WAY OBLIGATE US TO TAKE ANY PROACTIVE OR RESPONSIVE ACTION. IN THE EVENT YOU RECEIVE AN ALERT, WE ARE IN NO WAY RESPONSIBLE FOR THE EMOTIONAL DISTRESS OR REMEDIAL ACTIONS YOU TAKE ON THE BASIS OF THAT INFORMATION. WE ARE NOT RESPONSIBLE IN THE EVENT YOUR PET GETS OUT OF THE CONTAINED AREA OR BECOMES LOST. USING THE VASA IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL OR INCONSISTENT WITH THE LAWFUL AND HUMANE TREATMENT OF YOUR PET MAY CAUSE INJURY. YOU ARE RESPONSIBLE FOR MAINTAINING THE FUNCTIONALITY OF ANY PRODUCTS, INCLUDING VIA THE INSTALLATION OF COLLAR AND SYSTEM UPGRADES AS INSTRUCTED, AND WE ARE NOT RESPONSIBLE FOR THE MAINTENANCE OF YOUR VASA OR FOR ANY CONSEQUENCES RESULTING FROM A MALFUNCTIONING SYSTEM OR PRODUCT. FURTHERMORE, NO COLLAR, OR FOR THAT MATTER NO FENCE, PHYSICAL OR VIRTUAL, CAN COMPLETELY PREVENT A DOG FROM ESCAPING A CONTAINMENT AREA, OR PREVENT PERSONS OR OBJECTS FROM ENTERING A CONTAINMENT AREA AND HARMING OR TAKING A DOG AND VASA IS NOT RESPONSIBLE FOR SUCH OCCURRENCES. FURTHERMORE, VASA IS NOT RESPONSIBLE FOR HARM, INCLUDING DEATH, THAT MAY OCCUR TO AN INDIVIDUAL OR OTHER ANIMAL THAT ENTERS AN AREA WHERE A DOG OR OTHER PET IS LOCATED. THE VASA FENCE IS NOT A SOLID BARRIER AND WILL NOT WORK AS INTENDED, WITHOUT YOU – THE OWNER – FOLLOWING OUR TRAINING PROGRAM. FURTHER, THE PRODUCTS ARE NOT FOR USE WITH VICIOUS ANIMALS OR GUARD DOGS. IF YOU BELIEVE YOUR DOG MAY POSE A THREAT TO OTHERS, DO NOT USE THIS SYSTEM. VASA IS NOT RESPONSIBLE FOR HARM (PHYSICAL OR PSYCHOLOGICAL), INJURY OR DEATH OF YOUR DOG FOR ANY REASON TO INCLUDE, BUT NOT LIMITED TO, EXCESSIVE ELECTRONIC STIMULATION, INJURY OR DEATH WHILE IN A CONTAINMENT AREA, INJURY OR DEATH OUTSIDE A CONTAINMENT AREA, FAILURE TO LOCATE DOG, THEFT OF YOUR DOG, OR ANIMAL ABUSE. WHILE VASA EMPLOYS INDUSTRY STANDARD TECHNOLOGY AND SYSTEMS MONITORING, IT UTILIZES GPS, CELLULAR. WIFI AND BLUETOOTH NETWORKS THAT ARE NOT WITHIN VASA’S CONTROL. SEE CELLULAR TERMS OF SERVICE AND GPS SECTION IN THESE TERMS.
PROFESSIONAL DISCLAIMER
The Application provides pet training information for general informational and educational purposes only and is not a substitute for professional advice for your specific dog. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. You should only use the Product if you and your dog understand and respond to the steps involved in using the VASA properly. UNLESS APPLICABLE LOCAL LAW IN YOUR JURISDICTION PROVIDES OTHERWISE, THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE APPLICATION IS SOLELY AT YOUR OWN RISK.
TESTIMONIAL DISCLAIMER
The Application may contain testimonials by users of our Products and/or Services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
LIMITATIONS OF LIABILITY
CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS UNDER THE HEADING “LIMITATIONS OF LIABILITY” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT WILL WE OR OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our respective members, directors, officers, employees and agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Application, Services and Products; (2) breach of these Terms; and (3) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Application or through our Services for the purpose of managing the performance of the Application, Product and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application, Product and Services.
Unless applicable local law in your jurisdiction provides otherwise, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Accessing the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION.
Unless applicable local law in your jurisdiction provides otherwise, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MANDATORY ARBITRATION; CLASS ACTION WAIVER
CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW FOR WAIVERS TO BRING PROCEEDINGS BEFORE A LOCAL COURT OR TO BRING CLASS PROCEEDINGS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS UNDER THE HEADING “MANDATORY ARBITRATION; CLASS ACTION WAIVER” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to or use of the Application, purchase or use of the Products, the Services, your relationship or communications with VASA (including indirect communications through third parties), or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of New York, without regard to principles of conflict of laws. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. If a Dispute arises under this Agreement, you agree to first contact us at legal@VASAcollar.com. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute.
If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at https://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Application, purchase a Product or Service, or submit information through the Application to opt out of this arbitration agreement, by contacting us by email at legal@VASAcollar.com . If you do not opt out by the earliest of the date that you visit the Application or purchase a Product or Service, or submit any information to us, then you are not eligible to opt out of this arbitration agreement
MISCELLANEOUS
Unless applicable local law in your jurisdiction provides otherwise, these Terms and any policies or operating rules posted by us on the Application or in the Product constitutes the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without your consent. We shall not be deemed in default of these Terms to the extent that performance of our obligations or our attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, pandemics, epidemics, public health emergencies, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond our commercially reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Application. You agree that these Terms will not be construed against us by virtue of having drafted them.
Language. It is the express wish of the parties hereto that the Terms of Use and all related documents, including notices and other communications, be drawn up only in English.
CONTACT US/NOTICES
In order to resolve a complaint regarding the Application, Product or Service, to receive further information regarding use of the Application Product or Services, or to communicate with us or to provide notice to us under these Terms, please contact us at:
346 20th Avenue NE
Saint Petersburg, Florida
United States
Phone: (US) (917) 864-5610
support@vasapet.com
VASA may provide notices or communications to you on the Application and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
End User License Agreement
This End User License Agreement (“EULA”) governs the software embedded on User’s Product (“Software”).
License Grant.
Subject to the terms and conditions in this EULA, VASA hereby grants to you a non- exclusive, non-transferable, limited license to use the Software embedded in the Product. The terms of this EULA will govern any upgrades provided by VASA that replace or supplement the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You may activate the Service by downloading the Application located at the Apple App Store and Google Play.
Restrictions.
You agree not to copy, create derivative works, reproduce, modify, or distribute the Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
Ownership.
The Software is licensed and not sold. You agree that VASA and its licensors retain all right, title, and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties.
Any rights not expressly granted to you are reserved by VASA. Neither this EULA nor any act by VASA pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of VASA, except as expressly provided herein.
Export Controls.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws of the US and Canada, (ii) you are solely responsible for ensuring that the Application is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws of the US and Canada, and (iii) you will not re-export or transfer the Application, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
Termination.
This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, VASA may terminate this EULA at any time upon notice to you and by posting notice on our Application.
Miscellaneous.
Your use of software components together with the Software is subject to the terms of your separate license from VASA. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user.
VASA reserves the right to change the terms and conditions of this EULA by posting a revised EULA in the Application or mailing or emailing notice thereof to you. In addition, VASA may add, modify, or delete any aspect, program, or feature of the Application, although VASA is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Application following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review the EULA found in the Application on a periodic basis.
RETURN POLICY
If you purchased the VASA from VASA and are not completely satisfied with your purchase for any reason (excluding animal-induced or customer-induced damage) during your first 60 days after you receive your originally purchased VASA, you may return it to us according to the terms and fees outlined below. All returns must be in working condition. Returns with signs of wear or use are limited per the terms outlined below. If you purchased the VASA from an authorized reseller, you should contact the authorized reseller for their return policy. This Return Policy section outlines VASA’s policies for VASAs purchased directly from VASA. See exceptions to Return Policy below.
REFUNDS BEFORE YOUR VASA HAS SHIPPED:
If you purchased the VASA from VASA, you are able to cancel your purchase and receive a full refund up until the earlier of your order being processed for shipment or 6:30 pm ET on the same day that you placed your order. To do this, please visit our billing dashboard enter the email address you used to place the order, as well as the last 4 digits of the credit card used to place the order. You will receive an email to access your order information and place a refund request with us. Once we have verified that your order has not been processed for shipment, we will process your refund within 7-10 business days.
RETURNS AFTER YOUR VASA HAS SHIPPED:
To be eligible under this policy, the VASA must have been purchased through www.VASAcollar.com, not have been damaged or broken, and require a Return Merchandise Authorization (RMA) before return. All returns must be postmarked within sixty (60) days of receipt of your original VASA. Upon receipt with an approved RMA and inspection of your approved return your return request will be evaluated by a VASA team member who may also request your assistance for troubleshooting any reported issue. Once your return request has been approved your purchase price will be refunded less a $25 return shipping and handling fee (plus tax). Purchases not from www.VASAcollar.com do not qualify for this policy, and any returns must be submitted to the authorized reseller in accordance with the terms and conditions of such reseller’s return policy.
How to request an RMA
Please log-in to your Account Info Page where you can see return eligible purchases and begin the RMA process. Once your request is received, it will be reviewed by our Customer Service team. If your request is approved and all information necessary to process your return is confirmed, an RMA number, return shipping instructions, and a prepaid label will be provided to you by VASA via email. Please allow 2-3 business days for the RMA to be issued. We are not responsible for returned goods sent without an RMA.
RETURN SITUATION
(within 60 days of purchase): RETURN FEES (upon receipt by VASA)
NEW, Unopened Box (shipping seal intact) or Open Box (unused with all original packaging, accessories and documentation included) For unused items with all tags and parts included in original condition, you will receive a refund of your purchase price for the VASA. There will be a $25 fee (+ Sales Tax, where applicable) per VASA to be deducted from your refund, which includes return shipping and handling fees. Unused also requires that the VASA has never been added to or activated on an account.
Open Box/Lightly Used (with original packaging with all accessories) For fully working unit with only minor signs of use (has no tears, dents, or animal bite marks, speaker is not dented, the carabiners are intact and dirt flap in place). In this condition, there will be a $25 fee (+ Sales Tax, where applicable) per VASA deducted from your return, which includes return shipping and handling fees.
Used but working unit / May be missing accessories* For fully working unit that is not broken (may have some scratches and marks on rubber coating, speaker may be dented, dirt flap may be missing or torn, and there are no punctures or tears that penetrate to the electronics), there will be a Fee of $25 (+ Sales Tax, where applicable) per VASA deducted from your return which includes return shipping and handling fees.
Note: Shipping fees paid at the time of purchase are not refundable.
*Missing accessories are limited to: protective case, collar strap, contact tips, VASA Beacon included in your VASA Kit, wall charger and USB-C charging cable. If any additional parts are missing or if the VASA unit itself has been damaged, please contact us directly to determine eligibility for return within 60 days of purchase.
VASA is the sole determinant of whether or not a VASA has been used and/or damaged and is eligible to be returned for refund.
REFUNDS
We can only provide refunds for purchases from www.VASAcollar.com via the payment method that was used for the purchase. Purchases made with a gift/prepaid debit card (Visa, Mastercard, American Express, or Discover) will have the credit refunded back to the original card. Please hold onto your card until you are outside of the return policy for the product(s).
After receiving your approved return at our warehouse and inspecting the condition of your item, we will process your return. You will be credited for your purchase price less the return fee specified. Please allow at least 7-10 days from the receipt of your item for us to process your return or exchange. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company. We will notify you by email when your return has been processed.
Please note: Once you have submitted a refund request and the refund has been processed, we are unable to refund the purchase to any other payment method.
EXCEPTIONS TO RETURN POLICY
The following items cannot be returned, refunded, or exchanged:
Customer-damaged goods or altered goods
Animal-damaged goods, for example, showing bite marks, dents, rips or tears that penetrate the outer casing
Products showing excessive wear and tear
For product defects or other warranty claims, please see the warranty section.
Accessories such as Protective Cases, additional straps, beacons, etc.
T-shirts, sweatshirts, hats, yard signs, and other promotional or marketing items sold or given away at www.VASAcollar.com
Shipping fees paid at time of purchase are not refundable
QUESTIONS
If you have any questions concerning our return policy, please contact us at: support@VASAcollar.com.
TEXT MESSAGING:
If you elect to receive marketing text messages from us, either via our Site or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, re you receive from us or email support@vasapet.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will VASA be responsible for any Text Messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text Messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy
VASA ONE YEAR NON-TRANSFERABLE LIMITED WARRANTY
This is a “Limited Warranty” which gives you specific legal rights. You may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion under this Limited Warranty may not apply to you. Please keep your dated sales receipt; it is required for all warranty requests.
WHAT THE WARRANTY COVERS:
For new (not refurbished) Product purchases directly from www.VASAcollar.com or an authorized reseller, and for a period of one (1) year from the date of activation of the VASA (provided that such activation must take place within sixty (60) days of date of purchase as shown on your receipt for your original VASA), VASA will, at its sole option, repair or replace any VASA that malfunctions due to defective parts or workmanship at no charge to you. This warranty is not transferable and applies only to the original consumer purchaser. VASA may, in its sole discretion, make any repair or replacement with a new or refurbished VASA. If the VASA or component requiring repair or replacement is no longer available, VASA may, in its sole discretion, replace such VASA with a similar product of similar function. In all repair or replacement circumstances, the warranty is only valid for one (1) year from the initial date of activation of the new VASA.
For refurbished Product purchases directly from www.VASAcollar.com, and for a period of one (1) year from the date of activation, VASA will, at its sole option, repair or replace any Products that malfunction due to defective parts or workmanship at no charge to you. Such refurbished VASA purchased directly from VASAcollar.com must be activated within sixty (60) days of date of purchase as shown on your receipt for your refurbished VASA. This warranty is not transferable and applies only to the original consumer purchaser. VASA may, in its sole discretion, make any repair or replacement with a new or refurbished VASA. If the VASA or component requiring repair or replacement is no longer available, VASA may, in its sole discretion, replace such Product with a similar product of similar function. In all repair or replacement circumstances, the warranty is only valid for one (1) year from the initial date of activation of the refurbished VASA.
WHAT THE WARRANTY DOES NOT COVER (EXCLUSIONS):
Purchases from an unauthorized reseller are not eligible for warranty coverage and the warranty is non-transferable.
Supplemental parts such as protective cases, straps, charging cords/blocks, beacons, USB cable and any accessories, whether or not purchased at the same time etc. are not covered under the warranty.
Repair service, damage due to misuse, abuse, negligence or casualty (e.g., fire), acts of God (including but not limited to lightning, flood, tornado, earthquake, or hurricane), general wear and tear, and consumable parts (including batteries except where the original integrated batteries hold an electrical charge less than eighty percent (80%) of its original specifications as reasonably determined by VASA) are not covered by this warranty. Additionally, dog or other animal induced damage such as rips, bite marks, chewing, dents and tears are also not covered. Any attempt to open or otherwise disassemble the VASA that compromises the waterproof seal as well as damage from unauthorized service or modification of the VASA or of any furnished component will void this warranty in its entirety. Failure to use the provided Protective Case or a VASA Branded replacement where any damage of any type occurs will void the warranty in its entirety. This warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. In addition, this warranty does not cover any losses, injuries to persons, injuries to pets, loss of pets, loss of property or general damages. This warranty does not apply to any products purchased from third-party sellers on eBay, other online marketplaces, and any other unauthorized resellers. We strongly suggest that you do not buy Products from any unauthorized resellers, as such products may be used, defective, counterfeit or may not be designed for use in your country. This warranty covers only Products and is not extended to other equipment, components, or devices that a customer uses in conjunction with our Products.
WARRANTY RETURNS:
To review your eligibility benefit for the above limited warranty, please log-in to the Account Info page. Please note that ALL Warranty claims require a return merchandise authorization number (“RMA”) from Customer Service before being sent in to us. Claims sent without an RMA will be refused and your collars will not be returned.
For warranty requests: Please be prepared to (i) describe why the VASA needs service and the nature of the problem, (ii) provide proof of purchase from VASA or an authorized reseller and (iii) work with a VASA team member in order to troubleshoot any reported issue. . You will also be required to return your existing device in accordance with directions that will be provided by VASA. VASA has no warranty obligations with respect to any products that are excluded from warranty pursuant to the EXCLUSIONS outlined in above, as reasonably determined by VASA, and the owner of such device shall bear all shipping costs for the return of such product to owner. Any claim under this Limited Warranty must be submitted to VASA before the end of the warranty period described above. Please allow up to ten (10) business days for your warranty request to be processed.
Advanced Shipping of a Warranty Claim: VASA provides an option for advance shipping of your Replacement unit. If you select this option during the RMA process in the Account Info section, you will be have a replacement unit shipped to you before we receive your returned device. Upon reviewing your claim and, if it is approved, we will issue an RMA for you to return the defective unit(s) and provide instructions on how to return them. If your claim is deemed to be invalid upon our receipt of the unit(s) or we do not receive the unit(s) within 30 days after your replacement claim is approved, you will be billed USD$99.00 for each unit that is not returned or was deemed invalid. VASA may change the cost upon 30 days written notice. Invalid RMA requests will not be returned.
YOU AGREE TO NOT RETURN THE VASA FOR A WARRANTY CLAIM WITHOUT CONTACTING US AND RECEIVING A WARRANTY RMA. VASA IS NOT RESPONSIBLE FOR ITEMS RETURNED WITHOUT AN RMA.
VASA COUPON TERMS & CONDITIONS
Read the VASA Coupon terms and conditions.
Coupons are valid for a limited time only. VASA reserves the right to modify or cancel coupons and offers at any time.
If you do not purchase the qualifying items added to your cart when the coupon is in effect, the discount will not apply.
The coupon offer will not be valid until it is applied to the qualifying item.
The coupon may only be used on VASAcollar.com and in conjunction with the purchase of products shipped and sold by VASAcollar.com and not on products sold by third-party resellers.
Coupons may not be combined unless specified in the offer you received.
Not valid on prior purchases.
If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit.
Applicable shipping and handling charges apply to all products.
Offer good while supplies last.
Void where prohibited.
VASA has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
You are required to pay any applicable sales tax related to the use of the coupon.
Coupons are void if restricted or prohibited by law.
